The Privacy Act
What is the Privacy Act? The federal government compiles a wide
range of information on individuals. For example, if you were ever in the
military or employed by a federal agency, there should be records of your
service. If you have ever applied for a federal benefit or received a
student loan guaranteed by the government, you are probably the subject of
a file. There are records on every individual who has ever paid income
taxes or received a check from Social Security or Medicare.
The Privacy Act, passed by Congress in 1974, establishes certain
controls over what personal information is collected by the federal
government and how it is used. The act guarantees three primary rights:
(1) the right to see records about oneself, subject to the Privacy Act's
exemptions; (2) the right to amend that record if it is inaccurate,
irrelevant, untimely, or incomplete; and (3) the right to sue the
government for violations of the statute, including permitting others to
see your records, unless specifically permitted by the act.
The act also provides for certain limitations on agency information
practices, such as requiring that information about an individual be
collected from that individual to the greatest extent practicable;
requiring agencies to ensure that their records are relevant, accurate,
timely, and complete; and prohibiting agencies from maintaining
information describing how an individual exercises his or her First
Amendment rights unless the individual consents to it, a statute permits
it, or it is within the scope of an authorized law enforcement
investigation.
What information may I request under the Privacy Act? The
Privacy Act applies only to records about individuals maintained by
agencies in the executive branch of the federal government. It applies to
these records only if they are in a "system of records," which
means they are retrieved by an individual's name, social security number,
or some other personal identifier. In other words, the Privacy Act does
not apply to information about individuals in records that are filed under
other subjects, such as organizations or events, unless the agency also
indexes and retrieves them by individual names or other personal
identifiers.
There are 10 exemptions to the Privacy Act under which an agency can
withhold certain kinds of information from you. Examples of exempt records
are those containing classified information on national security and those
concerning criminal investigations. Another exemption often used by
agencies is that which protects information that would identify a
confidential source. For example, if an investigator questions a person
about your qualifications for federal employment and that person agrees to
answer only if his identity is protected, then his name or any information
that would identify him can be withheld. The 10 exemptions are set out in
the act.
If you are interested in more details, you should read the Privacy Act
in its entirety. Though the act is too lengthy to publish as part of this
article, it is readily available. It is printed in the U.S. Code (Section
552a of Title 5), which can be found in many public and school libraries.
You may also order a copy of the Privacy Act of 1974, Public Law 93-579,
from the Superintendent of Documents. (Ordering instructions are on page
12.)
Whom do I contact in the federal government with my request? How do
I get the right address? As with the FOIA, no one office handles all
Privacy Act requests. To locate the proper agency to handle your request,
follow the same guidelines as for the Freedom of Information Act.
How do I know if an agency has a file on me? If you think a
particular agency has a file pertaining to you, you may write to the
Privacy Act Officer or head of the agency. Agencies are generally required
to inform you, upon request, whether or not they have files on you. In
addition, agencies are required to report publicly the existence of all
systems of records they keep on individuals. The Office of the Federal
Register publishes a listing of each agency's systems of records notices,
including exemptions, as well as its Privacy Act regulations. The
multi-volume work, Privacy Act Issuance's Compilation, is updated every
two years and can be found in most large reference and university
libraries.
How do I request information under the Privacy Act? Write a
letter to the agency that you believe may have a file pertaining to you.
Address your request to the Privacy Act Officer or head of the agency,
such as "Secretary, Department of Health and Human Services." Be
sure to write "Privacy Act Request" clearly on both the letter
and the envelope.
Most agencies require some proof of identity before they will give you
your records. Therefore, it is a good idea to enclose proof of identity
(such as a copy of your driver's license) with your full name and address.
Do not send the original documents. Remember to sign your request for
information, since your signature is a form of identification. If an
agency needs more proof of identity before releasing your files, it will
let you know. Give as much information as possible as to why you believe
the agency has records about you. The agency should process your request
or contact you for additional information. A sample request is shown
below. Keep a copy of your request. You may need to refer to it in further
correspondence with the agency.
Sample Privacy Act Request Letter
|
Date
Privacy Act Request
Agency Head or FOIA Officer
Name of
agency or agency component
Address (see discussion above on whom
to contact)
Dear __________:
Under the Freedom of Information Act, 5 U.S.C. subsection 552, and
the Privacy Act, 5 U.S.C. subsection 552a, I am requesting access to
[identify the records as clearly and specifically as possible, and
tell why you believe the agency has records about you].
If there are any fees for searching for or copying the records,
please let me know before you fill my request. [Or, please supply the
records without informing me of the cost if the fees do not exceed
$______, which I agree to pay.]
If you deny all or any part of this request, please cite each
specific exemption you think justifies your refusal to release the
information and notify me of appeal procedures available under the
law.
Optional: If you have any questions about handling this request, you
may telephone me at ___________ (home phone) or at ___________ (office
phone).
Sincerely,
Name
Address |
What about costs for getting records under the Privacy Act?
Under the Privacy Act, an agency can charge only for the cost of copying
records for you, not for time spent locating them.
How long will it take to answer my request? Under the terms of
the Privacy Act, the agency is not required to reply to a request within a
given period of time. However, most agencies have adopted the 10-day
period in their regulations. If you do not receive any response within 4
weeks or so, you might wish to write again, enclosing a copy of your
original request.
What if I find that a federal agency has incorrect information about
me in the files? The Privacy Act requires agencies maintaining
personal information about individuals to keep complete, accurate, timely,
and relevant files. If, after seeing your file, you believe that it
contains incorrect information and should be amended, write to the agency
official who released the record to you. Include all pertinent
documentation for each change you are requesting. The agency will let you
know if further proof is needed. The act requires an agency to notify you
of the receipt of such an amendment request within 10 working days of
receipt. If your request for amendment is granted, the agency will tell
you precisely what will be done to amend the record. You may appeal any
denial. Even if an agency denies your appeal, you have the right to submit
a statement explaining why you think the record is wrong and the agency
must attach your statement to the record involved. The agency must also
inform you of your right to go to court and have a judge review the denial
of your appeal.
What can I do if I am denied information requested under the Privacy
Act? There is no required procedure for Privacy Act appeals, but an
agency should advise you of its own appeal procedure when it makes a
denial. Should the agency deny your appeal, you may take the matter to
court. If you win your case, you may be awarded court costs and attorney's
fees. table of contents
A Comparison of the Freedom of Information
Act and the Privacy Act |
What is the relationship between the FOIA and the Privacy Act?
Although the two laws were enacted for different purposes, there is some
similarity in their provisions. Both the FOIA and the Privacy Act give
people the right to request access to records held by agencies of the
federal government. The FOIA's access rights are given to "any
person," but the Privacy Act's access rights are given only to the
individual who is the subject of the records sought (if that individual is
a U.S. citizen or a lawfully admitted permanent resident alien).
The FOIA applies to all records of federal agencies. The Privacy Act,
however, applies to only those federal agency records that are in "systems
of records" containing information about individuals that is
retrieved by the use of a name or personal identifier. Each law has a
somewhat different set of fees, time limits, and exemptions from its right
of access.
If the information you want pertains to the activities of a federal
agency, an organization, or some person other than yourself, you should
make your request under the FOIA, which covers all agency records. If the
information you want is about yourself, you should make the request also
under the Privacy Act, which covers most records of agencies that pertain
to individuals. Sometimes you can use the FOIA to get records about
yourself that are not in a Privacy Act "system of records." If
you are in doubt about which law applies or would better suit your needs,
you may refer to both in your request letter. If you request records about
yourself and the Privacy Act applies, the agency should process the
request under both the FOIA and the Privacy Act and withhold requested
information from you only if it is exempt under both laws.
Can I request information about other people? Yes, but it might
be withheld to protect their personal privacy. The FOIA contains two very
important provisions concerning personal privacy: Exemption 6 and
Exemption 7(C). They protect you from others who may seek information
about you, but they also may block you if you seek information about
others. The FOIA's Exemption 6 permits an agency to withhold information
about individuals if disclosing it would be "a clearly unwarranted
invasion of personal privacy." This includes, for example, almost all
of the information in medical and financial benefit files and much of the
information in personnel files. Exemption 7(C) similarly protects personal
privacy interests in law enforcement records. To decide whether to
withhold information under these two FOIA privacy exemptions, an agency
must balance personal privacy interests against any public interest that
would be served by disclosure. Neither Exemption 6 nor Exemption 7(C) can
be used to deny you access to information about yourself, only to deny you
information about other persons. table of contents
Other Sources of Information |
Consumer Information Catalog
The General Services Adminstration's Consumer Information Center (CIC)
publishes the free Consumer Information Catalog which lists more
than 200 free and low-cost federal booklets on a wide variety of consumer
topics. For a free copy of the Catalog, write to Consumer Information
Catalog, Pueblo, CO 81009, or call (719) 948-4000. The Catalog is also
available through the CIC's Internet site at www.gsa.pueblo.gov or an
electronic bulletin board system at (202) 208-7679.
U.S. Government Manual
This is the official handbook of the federal government. Published by
the National Archives and Records Administration, it describes the
programs in each federal agency, lists the names of top personnel, the
mailing address, and a general information telephone number. It is
available in most public libraries or can be purchased for $36.00 by
sending a check or money order to the Superintendent of Documents, P.O.
Box 371954, Pittsburgh, PA 15250-7954. To order by telephone, call (202)
512-1800. The stock number is 069-000-00069-0.
The Privacy Act of 1974
This act gives citizens the right to see files about themselves, subject
to its exemptions; to request an amendment if the record is inaccurate,
irrelevant, untimely, or incomplete; and to sue the government for
permitting others to see their files unless specifically permitted by the
act. A complete copy of the Privacy Act can be found as Section 552a of
Title 5 of the U.S. Code. Or you may order a copy of the Privacy Act,
Public Law 93-579, from the Superintendent of Documents, P.O. Box 371954,
Pittsburgh, PA 15250-7954, for $2.50. To order by telephone, call (202)
512-1800. The stock number is 022-003-90866-8.
A Citizens Guide on Using the Freedom of Information Act and the
Privacy Act of 1974 To Request Government Records
This booklet, written by the Committee on Government Reform and
Oversight, U.S. House of Representatives, provides a much more detailed
explanation of the Freedom of Information Act and the Privacy Act than
this article. It may be purchased for $3.00 from the Superintendent of
Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. To order by
telephone, call (202) 512-1800. The stock number is 052-071-01129-3.
Freedom of Information Act Guide and Privacy Act Overview
This book is updated annually (in mid-fall) by the Justice Department's
Office of Information and Privacy. The "Justice Department's Guide to
the Freedom of Information Act," is a comprehensive summary of the
law that includes a discussion of the nine FOIA exemptions and its most
important procedural aspects. The "Privacy Act Overview,"
prepared in coordination with the Office of Management and Budget, is a
discussion of the provisions of the Privacy Act. The book also contains
the texts of both statutes. It may be purchased for $3.00 from the
Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250- 7954.
To order by telephone, call (202) 512-1800. The stock number is
052-071-01129-3. Text versions are also available on the Justice
Department's website at http://www.usdoj.gov/oip/.
Freedom of Information Case List
This book, updated biennially (in even-numbered years) by the Justice
Department's Office of Information and Privacy, contains lists of cases
decided under the Freedom of Information Act, the Privacy Act, the
Government in the Sunshine Act, and the Federal Advisory Committee Act.
The book includes the texts of those four statutes and a list of related
law review articles. It may be purchased for $(need to check in Nov.) from
the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA
15250-7954. To order by telephone, call (202) 512-1800. The stock number
is 027-000-01372-4. FOIA Update This newsletter contains
information and guidance for federal agencies and is published quarterly
by the Justice Department's Office of Information and Privacy. It is
available from the Superintendent of Documents, P.O. Box 371954,
Pittsburgh, PA 15250-7954. To order by telephone, call (202) 512-1800. The
stock number is 727-002-00000-6. The annual subscription price is $5.00
domestic and $6.25 foreign. Selected portions are available on the Justice
Department's Internet site at http://www.usdoj.gov/oip/foi-upd.htm.
table of contents
Federal Information Center |
The Federal Information Center (FIC), administered by the General
Services Administration, can help you find information about the federal
government's agencies, services, and programs. You may call the FIC for
assistance in contacting the proper federal agency with your Freedom of
Information Act or Privacy Act request.
Simply call 800-688-9889 toll-free from anywhere in the United States.
Users of text telephones (TDD/TTY) may also call toll-free at
800-326-2996. The FIC is open from 9 a.m. to 5 p.m., local time, except in
Alaska (8 a.m. to 4 p.m.) and Hawaii (7 a.m. to 3 p.m.). table
of contents
The Freedom of Information Act, 5 U.S.C. 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; and
(C) administrative staff manuals and instructions to staff that affect a
member of the public; unless the materials are promptly published and
copies offered for sale. 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, or staff manual or instruction. However, in each
case the justification for the deletion shall be explained fully in
writing. 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. 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) Except with respect to the records made available under paragraphs
(1) and (2) of the subsection, each agency, upon any request for records
which (A) reasonably describes such records and (B) 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.
(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 the 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.
(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 cost 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.
(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) [Except as to cases the court considers of greater importance,
proceedings before the district court, as authorized by this subsection,
and appeals therefrom, take precedence on the docket over all cases and
shall be assigned for hearing and trial or for argument at the earliest
practicable date and expedited in every way.] Repealed. Pub. L. 98-620,
Title IV, 402(2), Nov. 8, 1984, 98 Stat. 3335, 3357.
(E) 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.
(F) 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.
(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 ten 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) 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.
(C) 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.
(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 matter 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 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 a 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.
(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 the
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) On or before March 1 of each calendar year, each agency shall submit
a report covering the preceding calendar year to the Speaker of the House
of Representatives and President of the Senate for referral to the
appropriate committees of the Congress. The report shall include--
(1) the number of determinations made by such agency not to comply with
requests for records made to such agency under subsection (a) and the
reasons for each such determination;
(2) 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;
(3) the names and titles or positions of each person responsible for the
denial of records requested under this section, and the number of
instances of participation for each;
(4) the results of each proceeding conducted pursuant to subsection
(a)(4)(F), including a report of the disciplinary action taken against the
officer or employee who was primarily responsible for improperly
withholding records or an explanation of why disciplinary action was not
taken;
(5) a copy of every rule made by such agency regarding this section;
(6) a copy of the fee schedule and the total amount of fees collected by
the agency for making records available under this section; and
(7) such other information as indicates efforts to administer fully this
section.
The Attorney General shall submit an annual report on or before March 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 subsections (a)(4)(E), (F), and (G). 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 "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.
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The Center For Debt Management™
Helping Consumers Save Money and Reduce Debt Is Our Only Business!™
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Established in 1989 and serving the online community since 1992!
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Your Right To Federal Records: Freedom of Information Act
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