Affirmative Disclosures

Introduction
Some agency information is either required to be affirmatively published by the agency, or is otherwise required to be made available without submitting a request for specific records under 5 U.S.C. 552(a)(3).

Information required to be published under subsection (a)(1)
Under 5 U.S.C. 552(a)(1), agencies are required to publish the following categories of information in the federal register: (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.

The provision additionally states that: "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."

Descriptions of Central and field organization and places to obtain information

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Statements of the general course and method of functions

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Rules of procedure

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Substantive rules and policy

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Information required to be made available under under subsection (a)(2)
Under the (a)(2) provision of FOIA, agencies "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)[.]

Final opinions made in the adjudication of cases

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Statements of policy and interpretations

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Released records

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Index of records

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Enforcement of affirmative disclosure requirements

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