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    Re: Errors in USNO celestial data
    From: Gary LaPook
    Date: 2010 May 4, 17:00 -0700

    I have used the Freedom of Information Act (FOIA) many times. It is
    codified in the United States Code at 5 USC 552 (I have attached this
    code section at the end). Write them a letter describing what you want and agree to pay the reasonable cost of copying it for you. You can also request that they give you an estimate of the cost before they start work on the project. I usually agreed to pay up to a fixed amount but that they should notify me before incurring costs above that amount. Quite often they just waive the costs for private, easy to respond to, requests.

    Here is a link to the Navy FOIA office:
    gl

    5 USC 552 follows:


    5 U.S.C.A. § 552

    United States Code Annotated Currentness
    Title 5. Government Organization and Employees (Refs & Annos)
    Part I. The Agencies Generally
    View the full text of all sections at this level Chapter 5.
    Administrative Procedure (Refs & Annos)
    View the full text of all sections at this level Subchapter II.
    Administrative Procedure (Refs & Annos)
    Current Section§ 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;

    (B) those statements of policy and interpretations which have been
    adopted by the agency and are not published in the Federal Register;

    (C) administrative staff manuals and instructions to staff that affect
    a member of the public;

    (D) copies of all records, regardless of form or format, which have
    been released to any person under paragraph (3) and which, because of
    the nature of their subject matter, the agency determines have become
    or are likely to become the subject of subsequent requests for
    substantially the same records; and

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

    unless the materials are promptly published and copies offered for
    sale. For records created on or after November 1, 1996, within one
    year after such date, each agency shall make such records available,
    including by computer telecommunications or, if computer
    telecommunications means have not been established by the agency, by
    other electronic means. To the extent required to prevent a clearly
    unwarranted invasion of personal privacy, an agency may delete
    identifying details when it makes available or publishes an opinion,
    statement of policy, interpretation, staff manual, instruction, or
    copies of records referred to in subparagraph (D). However, in each
    case the justification for the deletion shall be explained fully in
    writing, and the extent of such deletion shall be indicated on the
    portion of the record which is made available or published, unless
    including that indication would harm an interest protected by the
    exemption in subsection (b) under which the deletion is made. If
    technically feasible, the extent of the deletion shall be indicated at
    the place in the record where the deletion was made. Each agency shall
    also maintain and make available for public inspection and copying
    current indexes providing identifying information for the public as to
    any matter issued, adopted, or promulgated after July 4, 1967, and
    required by this paragraph to be made available or published. Each
    agency shall promptly publish, quarterly or more frequently, and
    distribute (by sale or otherwise) copies of each index or supplements
    thereto unless it determines by order published in the Federal
    Register that the publication would be unnecessary and impracticable,
    in which case the agency shall nonetheless provide copies of such
    index on request at a cost not to exceed the direct cost of
    duplication. Each agency shall make the index referred to in
    subparagraph (E) available by computer telecommunications by December
    31, 1999. A final order, 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.

    (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 this 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.

    In this clause, the term "a representative of the news media" means
    any person or entity that gathers information of potential interest to
    a segment of the public, uses its editorial skills to turn the raw
    materials into a distinct work, and distributes that work to an
    audience. In this clause, the term "news" means information that is
    about current events or that would be of current interest to the
    public. Examples of news-media entities are television or radio
    stations broadcasting to the public at large and publishers of
    periodicals (but only if such entities qualify as disseminators of
    "news") who make their products available for purchase by or
    subscription by or free distribution to the general public. These
    examples are not all-inclusive. Moreover, as methods of news delivery
    evolve (for example, the adoption of the electronic dissemination of
    newspapers through telecommunications services), such alternative
    media shall be considered to be news-media entities. A freelance
    journalist shall be regarded as working for a news-media entity if the
    journalist can demonstrate a solid basis for expecting publication
    through that entity, whether or not the journalist is actually
    employed by the entity. A publication contract would present a solid
    basis for such an expectation; the Government may also consider the
    past publication record of the requester in making such a determination.

    (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.

    (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. 3357]

    (E)(i) 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.

    (ii) For purposes of this subparagraph, a complainant has
    substantially prevailed if the complainant has obtained relief through
    either--

    (I) a judicial order, or an enforceable written agreement or consent
    decree; or

    (II) a voluntary or unilateral change in position by the agency, if
    the complainant's claim is not insubstantial.

    (F)(i) Whenever the court orders the production of any agency records
    improperly withheld from the complainant and assesses against the
    United States reasonable attorney fees and other litigation costs, and
    the court additionally issues a written finding that the circumstances
    surrounding the withholding raise questions whether agency personnel
    acted arbitrarily or capriciously with respect to the withholding, the
    Special Counsel shall promptly initiate a proceeding to determine
    whether disciplinary action is warranted against the officer or
    employee who was primarily responsible for the withholding. The
    Special Counsel, after investigation and consideration of the evidence
    submitted, shall submit his findings and recommendations to the
    administrative authority of the agency concerned and shall send copies
    of the findings and recommendations to the officer or employee or his
    representative. The administrative authority shall take the corrective
    action that the Special Counsel recommends.

    (ii) The Attorney General shall--

    (I) notify the Special Counsel of each civil action described under
    the first sentence of clause (i); and

    (II) annually submit a report to Congress on the number of such civil
    actions in the preceding year.

    (iii) The Special Counsel shall annually submit a report to Congress
    on the actions taken by the Special Counsel under clause (i).

    (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 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 such determination and the reasons therefor,
    and of the right of such person to appeal to the head of the agency
    any adverse determination; and

    (ii) make a determination with respect to any appeal within twenty
    days (excepting Saturdays, Sundays, and legal public holidays) after
    the receipt of such appeal. If on appeal the denial of the request for
    records is in whole or in part upheld, the agency shall notify the
    person making such request of the provisions for judicial review of
    that determination under paragraph (4) of this subsection.

    (B)(i) In unusual circumstances as specified in this subparagraph, the
    time limits prescribed in either clause (i) or clause (ii) of
    subparagraph (A) may be extended by written notice to the person
    making such request setting forth the unusual circumstances for such
    extension and the date on which a determination is expected to be
    dispatched. No such notice shall specify a date that would result in
    an extension for more than ten working days, except as provided in
    clause (ii) of this subparagraph.

    (ii) With respect to a request for which a written notice under clause
    (i) extends the time limits prescribed under clause (i) of
    subparagraph (A), the agency shall notify the person making the
    request if the request cannot be processed within the time limit
    specified in that clause and shall provide the person an opportunity
    to limit the scope of the request so that it may be processed within
    that time limit or an opportunity to arrange with the agency an
    alternative time frame for processing the request or a modified
    request. Refusal by the person to reasonably modify the request or
    arrange such an alternative time frame shall be considered as a factor
    in determining whether exceptional circumstances exist for purposes of
    subparagraph (C).

    (iii) As used in this subparagraph, "unusual circumstances" means, but
    only to the extent reasonably necessary to the proper processing of
    the particular requests--

    (I) the need to search for and collect the requested records from
    field facilities or other establishments that are separate from the
    office processing the request;

    (II) the need to search for, collect, and appropriately examine a
    voluminous amount of separate and distinct records which are demanded
    in a single request; or

    (III) the need for consultation, which shall be conducted with all
    practicable speed, with another agency having a substantial interest
    in the determination of the request or among two or more components of
    the agency having substantial subject-matter interest therein.

    (iv) Each agency may promulgate regulations, pursuant to notice and
    receipt of public comment, providing for the aggregation of certain
    requests by the same requestor, or by a group of requestors 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 progress 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 a request (or a
    modified request) under clause (ii) after being given an opportunity
    to do so by the agency to whom the person made the request shall be
    considered as a factor in determining whether exceptional
    circumstances exist for purposes of this subparagraph.

    (D)(i) Each agency may promulgate regulations, pursuant to notice and
    receipt of public comment, providing for multitrack processing of
    requests for records based on the amount of work or time (or both)
    involved in processing requests.

    (ii) Regulations under this subparagraph may provide a person making a
    request that does not qualify for the fastest multitrack processing an
    opportunity to limit the scope of the request in order to qualify for
    faster processing.

    (iii) This subparagraph shall not be considered to affect the
    requirement under subparagraph (C) to exercise due diligence.

    (E)(i) Each agency shall promulgate regulations, pursuant to notice
    and receipt of public comment, providing for expedited processing of
    requests for records--

    (I) in cases in which the person requesting the records demonstrates a
    compelling need; and

    (II) in other cases determined by the agency.

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

    (I) that a determination of whether to provide expedited processing
    shall be made, and notice of the determination shall be provided to
    the person making the request, within 10 days after the date of the
    request; and

    (II) expeditious consideration of administrative appeals of such
    determinations of whether to provide expedited processing.

    (iii) An agency shall process as soon as practicable any request for
    records to which the agency has granted expedited processing under
    this subparagraph. Agency action to deny or affirm denial of a request
    for expedited processing pursuant to this subparagraph, and failure by
    an agency to respond in a timely manner to such a request shall be
    subject to judicial review under paragraph (4), except that the
    judicial review shall be based on the record before the agency at the
    time of the determination.

    (iv) A district court of the United States shall not have jurisdiction
    to review an agency denial of expedited processing of a request for
    records after the agency has provided a complete response to the request.

    (v) For purposes of this subparagraph, the term "compelling need" means--

    (I) that a failure to obtain requested records on an expedited basis
    under this paragraph could reasonably be expected to pose an imminent
    threat to the life or physical safety of an individual; or

    (II) with respect to a request made by a person primarily engaged in
    disseminating information, urgency to inform the public concerning
    actual or alleged Federal Government activity.

    (vi) A demonstration of a compelling need by a person making a request
    for expedited processing shall be made by a statement certified by
    such person to be true and correct to the best of such person's
    knowledge and belief.

    (F) In denying a request for records, in whole or in part, an agency
    shall make a reasonable effort to estimate the volume of any requested
    matter the provision of which is denied, and shall provide any such
    estimate to the person making the request, unless providing such
    estimate would harm an interest protected by the exemption in
    subsection (b) pursuant to which the denial is made.

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

    (1) (A) specifically authorized under criteria established by an
    Executive order to be kept secret in the interest of national defense
    or foreign policy and (B) are in fact properly classified pursuant to
    such Executive order;

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

    (3) specifically exempted from disclosure by statute (other than
    section 552b of this title), provided that such statute (A) requires
    that the matters be withheld from the public in such a manner as to
    leave no discretion on the issue, or (B) establishes particular
    criteria for withholding or refers to particular types of matters to
    be withheld;

    (4) trade secrets and commercial or financial information obtained
    from a person and privileged or confidential;

    (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 criminal law enforcement authority in the course of a
    criminal investigation or by an agency conducting a lawful national
    security intelligence investigation, information furnished by a
    confidential source, (E) would disclose techniques and procedures for
    law enforcement investigations or prosecutions, or would disclose
    guidelines for law enforcement investigations or prosecutions if such
    disclosure could reasonably be expected to risk circumvention of the
    law, or (F) could reasonably be expected to endanger the life or
    physical safety of any individual;

    (8) contained in or related to examination, operating, or condition
    reports prepared by, on behalf of, or for the use of an agency
    responsible for the regulation or supervision of financial
    institutions; or

    (9) geological and geophysical information and data, including maps,
    concerning wells.

    Any reasonably segregable portion of a record shall be provided to any
    person requesting such record after deletion of the portions which are
    exempt under this subsection. The amount of information deleted, and
    the exemption under which the deletion is made, 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, and the exemption under which the deletion
    is made, shall be indicated at the place in the record where such
    deletion is made.

    (c)(1) Whenever a request is made which involves access to records
    described in subsection (b)(7)(A) and--

    (A) the investigation or proceeding involves a possible violation of
    criminal law; and

    (B) there is reason to believe that (i) the subject of the
    investigation or proceeding is not aware of its pendency, and (ii)
    disclosure of the existence of the records could reasonably be
    expected to interfere with enforcement proceedings,

    the agency may, during only such time as that circumstance continues,
    treat the records as not subject to the requirements of this section.

    (2) Whenever informant records maintained by a criminal law
    enforcement agency under an informant's name or personal identifier
    are requested by a third party according to the informant's name or
    personal identifier, the agency may treat the records as not subject
    to the requirements of this section unless the informant's status as
    an informant has been officially confirmed.

    (3) Whenever a request is made which involves access to records
    maintained by the Federal Bureau of Investigation pertaining to
    foreign intelligence or counterintelligence, or international
    terrorism, and the existence of the records is classified information
    as provided in subsection (b)(1), the Bureau may, as long as the
    existence of the records remains classified information, treat the
    records as not subject to the requirements of this section.

    (d) This section does not authorize 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),
    the number of occasions on which each statute was relied upon, 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 and average 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, based on the date on which the requests were
    received by the agency;

    (F) the average number of days for the agency to respond to a request
    beginning on the date on which the request was received by the agency,
    the median number of days for the agency to respond to such requests,
    and the range in number of days for the agency to respond to such
    requests;

    (G) based on the number of business days that have elapsed since each
    request was originally received by the agency--

    (i) the number of requests for records to which the agency has
    responded with a determination within a period up to and including 20
    days, and in 20-day increments up to and including 200 days;

    (ii) the number of requests for records to which the agency has
    responded with a determination within a period greater than 200 days
    and less than 301 days;

    (iii) the number of requests for records to which the agency has
    responded with a determination within a period greater than 300 days
    and less than 401 days; and

    (iv) the number of requests for records to which the agency has
    responded with a determination within a period greater than 400 days;

    (H) the average number of days for the agency to provide the granted
    information beginning on the date on which the request was originally
    filed, the median number of days for the agency to provide the granted
    information, and the range in number of days for the agency to provide
    the granted information;

    (I) the median and average number of days for the agency to respond to
    administrative appeals based on the date on which the appeals
    originally were received by the agency, the highest number of business
    days taken by the agency to respond to an administrative appeal, and
    the lowest number of business days taken by the agency to respond to
    an administrative appeal;

    (J) data on the 10 active requests with the earliest filing dates
    pending at each agency, including the amount of time that has elapsed
    since each request was originally received by the agency;

    (K) data on the 10 active administrative appeals with the earliest
    filing dates pending before the agency as of September 30 of the
    preceding year, including the number of business days that have
    elapsed since the requests were originally received by the agency;

    (L) the number of expedited review requests that are granted and
    denied, the average and median number of days for adjudicating
    expedited review requests, and the number adjudicated within the
    required 10 days;

    (M) the number of fee waiver requests that are granted and denied, and
    the average and median number of days for adjudicating fee waiver
    determinations;

    (N) the total amount of fees collected by the agency for processing
    requests; and

    (O) 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) Information in each report submitted under paragraph (1) shall be
    expressed in terms of each principal component of the agency and for
    the agency overall.

    (3) 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, by
    other electronic means. In addition, each agency shall make the raw
    statistical data used in its reports available electronically to the
    public upon request.

    (4) 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.

    (5) 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.

    (6) The Attorney General of the United States shall submit an annual
    report on or before April 1 of each calendar year which shall include
    for the prior calendar year a listing of the number of cases arising
    under this section, the exemption involved in each case, the
    disposition of such case, and the cost, fees, and penalties assessed
    under subparagraphs (E), (F), and (G) of subsection (a)(4). Such
    report shall also include a description of the efforts undertaken by
    the Department of Justice to encourage agency compliance with this
    section.

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

    (1) "agency" as defined in section 551(1) of this title includes any
    executive department, military department, Government corporation,
    Government controlled corporation, or other establishment in the
    executive branch of the Government (including the Executive Office of
    the President), or any independent regulatory agency; and

    (2) "record" and any other term used in this section in reference to
    information includes--

    (A) 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; and

    (B) any information described under subparagraph (A) that is
    maintained for an agency by an entity under Government contract, for
    the purposes of records management.

    (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.

    (h)(1) There is established the Office of Government Information
    Services within the National Archives and Records Administration.

    (2) The Office of Government Information Services shall--

    (A) review policies and procedures of administrative agencies under
    this section;

    (B) review compliance with this section by administrative agencies; and

    (C) recommend policy changes to Congress and the President to improve
    the administration of this section.

    (3) 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-exclusive
    alternative to litigation and, at the discretion of the Office, may
    issue advisory opinions if mediation has not resolved the dispute.

    (i) The Government Accountability Office shall conduct audits of
    administrative agencies on the implementation of this section and
    issue reports detailing the results of such audits.

    (j) Each agency shall designate a Chief FOIA Officer who shall be a
    senior official of such agency (at the Assistant Secretary or
    equivalent level).

    (k) The Chief FOIA officer of each agency shall, subject to the
    authority of the head of the agency--

    (1) have agency-wide responsibility for efficient and appropriate
    compliance with this section;

    (2) monitor implementation of this section throughout the agency and
    keep the head of the agency, the chief legal officer of the agency,
    and the Attorney General appropriately informed of the agency's
    performance in implementing this section;

    (3) recommend to the head of the agency such adjustments to agency
    practices, policies, personnel, and funding as may be necessary to
    improve its implementation of this section;

    (4) review and report to the Attorney General, through the head of the
    agency, at such times and in such formats as the Attorney General may
    direct, on the agency's performance in implementing this section;

    (5) facilitate public understanding of the purposes of the statutory
    exemptions of this section by including concise descriptions of the
    exemptions in both the agency's handbook issued under subsection (g),
    and the agency's annual report on this section, and by providing an
    overview, where appropriate, of certain general categories of agency
    records to which those exemptions apply; and

    (6) designate one or more FOIA Public Liaisons.

    (l) FOIA Public Liaisons shall report to the agency Chief FOIA Officer
    and shall serve as supervisory officials to whom a requester under
    this section can raise concerns about the service the requester has
    received from the FOIA Requester Center, following an initial response
    from the FOIA Requester Center Staff. FOIA Public Liaisons shall be
    responsible for assisting in reducing delays, increasing transparency
    and understanding of the status of requests, and assisting in the
    resolution of disputes.

    CREDIT(S)

    (Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub.L. 90-23, § 1, June
    5, 1967, 81 Stat. 54; Pub.L. 93-502, §§ 1 to 3, Nov. 21, 1974, 88
    Stat. 1561 to 1564; Pub.L. 94-409, § 5(b), Sept. 13, 1976, 90 Stat.
    1247; Pub.L. 95-454, Title IX, § 906(a)(10), Oct. 13, 1978, 92 Stat.
    1225; Pub.L. 98-620, Title IV, § 402(2), Nov. 8, 1984, 98 Stat. 3357;
    Pub.L. 99-570, Title I, §§ 1802, 1803, Oct. 27, 1986, 100 Stat.
    3207-48, 3207-49; Pub.L. 104-231, §§ 3 to 11, Oct. 2, 1996, 110 Stat.
    3049 to 3054; Pub.L. 107-306, Title III, § 312, Nov. 27, 2002, 116
    Stat. 2390; Pub.L. 110-175, §§ 3, 4(a), 5, 8, 9, 10(a), 12, Dec. 31,
    2007, 121 Stat. 2525, 2527, 2530.)

    AMENDMENT OF SUBSEC. (A)(4)(A)(VIII)

    <Pub.L. 110-175, § 6(b)(1)(A), (2), Dec. 31, 2007, 121 Stat. 2526,
    provided that, effective one year after December 31, 2007, subsec.
    (a)(4)(A) is amended by inserting after clause (vii) the following:>

    <(viii) 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 comply with any time limit
    under paragraph (6), if no unusual or exceptional circumstances (as
    those terms are defined for purposes of paragraphs (6)(B) and (C),
    respectively) apply to the processing of the request.>

    AMENDMENT OF SUBSEC. (A)(6)(A)

    <Pub.L. 110-175, § 6(a), Dec. 31, 2007, 121 Stat. 2526, provided that,
    effective one year after December 31, 2007, subsec. (a)(6)(A) is
    amended by inserting after clause (ii) the following:>

    <The 20-day period under clause (i) shall commence on the date on
    which the request is first received by the appropriate component of
    the agency, but in any event not later than ten days after the request
    is first received by any component of the agency that is designated in
    the agency's regulations under this section to receive requests under
    this section. The 20-day period shall not be tolled by the agency
    except-->

    <(I) that the agency may make one request to the requester for
    information and toll the 20-day period while it is awaiting such
    information that it has reasonably requested from the requester under
    this section; or>

    <(II) if necessary to clarify with the requester issues regarding fee
    assessment. In either case, the agency's receipt of the requester's
    response to the agency's request for information or clarification ends
    the tolling period.>

    AMENDMENT OF SUBSEC. (A)(6)(B)(II)

    <Pub.L. 110-175, § 6(b)(1)(B), (2), Dec. 31, 2007, 121 Stat. 2526,
    provided that, effective one year after December 31, 2007, subsec.
    (a)(6)(B)(ii) is amended by inserting after the first sentence the
    following: "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.">

    ADDITION OF SUBSEC. (A)(7)

    <Pub.L. 110-175, § 7, Dec. 31, 2007, 121 Stat. 2527, provided that,
    effective one year after December 31, 2007, subsec. (a) is amended by
    adding at the end the following:>

    <(7) Each agency shall-->

    <(A) establish a system to assign an individualized tracking number
    for each request received that will take longer than ten days to
    process and provide to each person making a request the tracking
    number assigned to the request; and>

    <(B) 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-->

    <(i) the date on which the agency originally received the request; and>

    <(ii) an estimated date on which the agency will complete action on
    the request.>

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