Section 552. Public information; agency rules, opinions, orders,

records, and proceedings

(a) Each agency shall make available to the public information as

follows:

/* Here we find the initial rule of FOIA- the government agencies

subject to the act must provide detailed information regarding

their organization and where their records are kept. */

(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 or 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.

/* The next section of the act describes those documents which

must be published and kept for public inspection without request.*/

(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 this 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 procedure 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 this section and

establishing procedures and guidelines for deter-

mining 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;

/* A reduction in fees is required for non-commercial use and

that of the news media. */

(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.

/* The FOIA statue requires that agencies provide copies of

materials free of charge or for free if you can demonstrate that

the public interest will be served. It can't hurt to ask! */

(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.

/* The Courts have specific duties which are explained in the

following section. */

(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) [Repealed]

(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 the 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.

/* The exceptions to Freedom of Information are set forth in the

following section. */

(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 form 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 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 or geophysical information and data, includ-

ing maps, concerning wells.

/* FOIA requires that government agencies provide parts of

records if their records contain matters that are both disclosable

and protected from disclosure. */

Any reasonable segregable portion of a record shall be provided

to any person requesting such record after deletion of the por-

tions 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 require-

ments 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 requirement 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 author-

ity 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 Con-

gress. 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 informa-

tion;

(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 pri-

marily 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 adminis-

ter 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 con-

trolled corporation, or other establishment in the executive

branch of the Government (including the Executive Office of the

President), or any independent regulatory agency.

Section 552a. Records maintained on individuals

(a) Definitions. For purposes of his section -

(1) the term "agency" means agency as defined in section

552(3) of this title;

(2) the term "individual" means a citizen of the United

States or an alien lawfully admitted for permanent resi-

dence;

(3) the term "maintain" includes maintain, collect, use, or

disseminate;

(4) the term "record" means any item, collection, or group-

ing of information about an individual that is maintained by

an agency, including but not limited to, his education,

financial transactions, medical history, and criminal or

employment history and that contains his name, or the

identifying number, symbol, or other identifying particular

assigned to the individual, such as a finger or voice print

or a photograph;

(5) the term "system of records" means a group of any

records under the control of any agency from which informa-

tion is retrieved by the name of the individual or by some

identifying number, symbol, or other identifying particular

assigned to the individual;

(6) the term "statistical record" means a record in a system

of records maintained for statistical research or reporting

purposes only and not used in whole or in part in making any

determination about an identifiable individual, except as

provided by section 8 of title 13;

(7) the term "routine use" means, with respect to the dis-

closure of a record, the use of such record for a purpose

which is compatible with the purpose for which it was col-

lected; and

(8) the term "matching program" -

(A) means any computerized comparison of -

(i) two or more automated systems of records or a

system of records with non-Federal records for the

purpose of -

(I) establishing or verifying the eligibility

of, or continuing compliance with statutory

and regulatory requirements by, applicants

for, recipients or beneficiaries of,

participants in, or providers of services

with respect to, cash or in-kind assistance

or payments under Federal benefit programs,

or

(II) recouping payments or delinquent debts

under such benefit programs, or

(ii) two or more automated Federal personnel or

payroll systems of records or a system of Federal

personnel or payroll records with non-Federal

records.

(B) but does not include -

(i) matches performed to produce aggregate

statistical data without any personal identifiers;

(ii) matches performed to support any research or

statistical project, the specific data of which

may not be used to make decisions concerning the

rights, benefits, or privileges of specific

individuals;

(iii) matches performed, by an agency (or

component thereof) which performs as its principal

function any activity pertaining to the

enforcement of criminal laws, subsequent to the

initiation of a specific criminal or civil law

enforcement investigation of a named person or

persons for the purpose of gathering evidence

against such person or persons;

(iv) matches of tax information (I) pursuant to

section 6103(d) of the Internal Revenue Code of

1986 [26 USC Section 6103(d)], (II) for purposes of tax

administration as defined in section 6103(b)(4) of

such Code [26 USC Section 6103(b)(4)], (III) for the

purpose of intercepting a tax refund due an

individual under authority granted by section 464

or 1137 of the Social Security Act [42 USC Section 644

or 1320b-7]; or (IV) for the purpose of

intercepting a tax refund due an individual under

any other tax refund intercept program authorized

by statute which has been determined by the

Director of the Office of Management and Budget to

contain verification, notice, and hearing

requirements that are substantially similar to the

procedures in section 1137 of the Social Security

Act [42 USC Section 1320b-7];

(v) matches -

(I) using records predominantly relating to

Federal personnel, that are performed for

routine administrative purposes (subject to

guidance provided by the Director of the

Office of Management and Budget pursuant to

subsection (v)); or

(II) conducted by an agency using only

records from systems of records maintained by

that agency;

if the purpose of the match is not to take any

adverse financial, personnel, disciplinary, or

other adverse action against Federal personnel; or

(vi) matches performed for foreign

counterintelligence purposes or to produce

background checks for security clearances of

Federal personnel or Federal contractor personnel;

(9) [Caution: For effective date, see 1988 Amendment note]

the term "recipient agency" means any agency, or contractor

thereof, receiving records contained in a system of records

from a source agency for use in a matching program;

(10) [Caution: For effective date, see 1988 Amendment note]

the term "non-Federal agency" means any State or local

government, or agency thereof, which receives records

contained in a system of records from a source agency for

use in a matching program;

(11) [Caution: For effective date, see 1988 Amendment note]

the term "source agency" means any agency which discloses

records contained in a system of records to be used in a

matching program, or any State or local government, or

agency thereof, which discloses records to be used in a

matching program;

(12) [Caution: For effective date, see 1988 Amendment note]

the term "Federal benefit program" means any program

administered or funded by the Federal Government, or by any

agent or State on behalf of the Federal Government,

providing cash or in-kind assistance in the form of

payments, grants, loans, or loan guarantees to individuals;

and

(13) [Caution: For effective date, see 1988 Amendment note]

the term "Federal personnel" means officers and employees of

the Government of the United States, members of the

uniformed services (including members f the Reserve

Components), individuals entitled to receive immediate or

deferred retirement benefits under any retirement program of

the Government of the United States (including survivor

benefits).

(b) Conditions of Disclosure. No agency shall disclose any

record which is contained in a system of records by any means of

communication to any person, or to another agency, except

pursuant to a written request by, or with the prior written

consent of, the individual to whom the record pertains, unless

disclosure of the record would be -

(1) to those officers and employees of the agency which

maintains the record who have a need for the record in the

performance of their duties;

(2) required under section 552 of this title;

(3) for a routine use as defined in subsection (a)(7) of

this section and described under subsection (e)(4)(D) of

this section;

(4) to the Bureau of the Census for purposes of planning or

carrying out a census or survey or related activity pursuant

to the provisions of title 13;

(5) to a recipient who has provided the agency with advance

adequate written assurance that the record will be used

solely as a statistical research or reporting record, and

the record is to be transferred in a form that is not

individually identifiable;

(6) to the National Archives and Records Administration as a

record which has sufficient historical or other value to

warrant its continued preservation by the United States

Government, or for evaluation by the Archivist of the United

States or the designee of the Archivist to determine whether

the record has such value;

(7) to another agency or to an instrumentality of any

governmental jurisdiction within or under the control of the

United States for a civil or criminal law enforcement

activity if the activity is authorized by law, and if the

head of the agency or instrumentality has made a written

request to the agency which maintains the record specifying

the particular portion desired and the law enforcement

activity for which the record is sought;

(8) to a person pursuant to a showing of compelling

circumstances affecting the health or safety of an

individual if upon such disclosure notification is

transmitted to the last known address of such individual;

(9) to either House of Congress, or, to the extent of matter

within its jurisdiction, any committee or subcommittee

thereof, any joint committee of Congress or subcommittee of

any such joint committee;

(10) to the Comptroller General, or any of his authorized

representatives, in the course of the performance of the

duties of the General Accounting Office;

(11) pursuant to the order of a court of competent

jurisdiction; or

(12) to a consumer reporting agency in accordance with

section 3711(f) of title 31.

(c) Accounting of certain disclosures. Each agency, with respect

to each system of records until its control, shall -

(1) except for disclosures made under subsections (b)(1) or

(b)(2) of this section, keep an accurate accounting of -

(A) the date, nature, and purpose of each disclosure of

a record to any person or to another agency made under

subsection (b) of this section; and

(B) the name and address of the person or agency to

whom the disclosure is made;

(2) retain the accounting made under paragraph (1) of this

subsection for at least five years or the life of the

record, whichever is longer, after the disclosure for which

the accounting is made;

(3) except for disclosures made under subsection (b)(7) of

this section, make the accounting made under paragraph (1)

of this subsection available to the individual named in the

record at his request; and

(4) inform any person or other agency about any correction.

or notation of dispute made by the agency in accordance with

subsection (d) of this section of any record that has been

disclosed to the person or agency if an accounting of the

disclosure was made.

(d) Access to records. Each agency that maintains a system of

records shall -

(1) upon request by any individual gain access to his record

or to any information pertaining to him which is contained

in the system, permit him and upon his request, a person of

his own choosing to accompany him, to review the record and

have a copy made of all or any portion thereof in a form

comprehensible to him, except that the agency may require

the individual to furnish a written statement authorizing

discussion of that individual's record in the accompanying

person's presence;

(2) permit the individual to request amendment of a record

pertaining to him and -

(A) not later than 10 days (excluding Saturdays,

Sundays and legal public holidays) after the date of

receipt of such request, acknowledge in writing such

receipt; and

(B) promptly, either -

(i) make any correction of any portion thereof

which the individual believes is not accurate,

relevant, timely, or complete; or

(ii) inform the individual of its refusal to amend

the record in accordance with his request, the

reason for the refusal, the procedures established

by the agency for the individual to request a

review of that refusal by the head of the agency

or an officer designated by the head of the

agency, and the name and business address of that

official;

(3) permit the individual who disagrees with the refusal of

the agency to amend his record to request a review of such

refusal, and not later than 30 days (excluding Saturdays,

Sundays, and legal public holidays) from the date on which

the individual requests such review, complete such review

and make a final determination unless, for good cause shown,

the head of the agency extends such 30-day period; and if,

after his review, the reviewing official also refuses to

amend the record in accordance with the request, permit the

individual to file with the agency a concise statement

setting forth the reasons for his disagreement with the

refusal of the agency, and notify the individual of the

provisions for judicial review of the reviewing official's

determination under subsection (g)(1)(A) of this section;

(4) in any disclosure, containing information about which

the individual has filed a statement of disagreement,

occurring after the filing of the statement under paragraph

(3) of this subsection, clearly note any portion of the

record which is disputed and provide copies of the statement

and, if the agency deems appropriate, copies of a concise

statement of the reasons of the agency for not making the

amendments requested, to persons or other agencies to whom

the disputed record has been disclosed; and

(5) nothing in this section shall allow an individual access

to any information compiled in reasonable anticipation of a

civil action or proceeding.

(e) Agency requirements. Each agency that maintains a system of

records shall -

(1) maintain in its records only such information about an

individual as is relevant and necessary to accomplish a

purpose of the agency required to be accomplished by statute

or by executive order of the President;

(2) collect information to the greatest extent practicable

directly from the subject individual when the information

may result in adverse determinations about an individual's

rights, benefits, and privileges under Federal programs;

(3) inform each individual whom it asks to supply

information, on the form which it uses to collect the

information or on a separate form that can be retained by

the individual -

(A) the authority (whether granted by statute, or by

executive order of the President) which authorizes the

solicitation of the information and whether disclosure

of such information is mandatory of voluntary;

(B) the principal purpose or purposes for which the

information is intended to be used;

(C) the routine uses which may be made of the

information, as published pursuant to paragraph (4)(D)

of this subsection; and

(D) the effects on him, if any, of not providing all or

any party of the requested information;

(4) subject to the provisions of paragraph (11) of this

subsection, publish in the Federal Register upon

establishment or revision a notice of the existence and

character of the system of records, which notice shall

include -

(A) the name and location of the system;

(B) the categories of individuals on whom records are

maintained in the system;

(C) the categories of records maintained in the system;

(D) each routine use of the records contained in the

system, including the categories of users and the

purpose of such use;

(E) the policies and practices of the agency regarding

storage, retrievability, access controls, retention,

and disposal of the records;

(F) the title and business address of the agency

official who is responsible for the system of records;

(G) the agency procedures whereby an individual can be

notified at his request if the system of records

contains a record pertaining to him;

(H) the agency procedures whereby an individual can be

notified at his request how he can gain access to any

record pertaining to him contained in the system of

records, and how he can contest its content; and

(I) the categories of sources or records in the system;

(5) maintain all records which are used by the agency in

making any determination about any individual with such

accuracy, relevance, timeliness, and completeness as is

reasonably necessary to assure fairness to the individual in

the determination;

(6) prior to disseminating any record about an individual to

any person other than an agency, unless the dissemination is

made pursuant to subsection (b)(2) of this section, make

reasonable efforts to assure that such records are accurate,

complete, timely, and relevant to agency purposes;

(7) maintain no record describing how any individual

exercises rights guaranteed by the First Amendment unless

expressly authorized by statute or by the individual about

whom the record is maintained or unless pertinent to and

within the scope of an authorized law enforcement activity;

(8) make reasonable efforts to serve notice on an individual

when any record on such individual is made available to any

person under compulsory legal process when such process

becomes a matter of public record;

(9) establish rules of conduct for persons involved in the

design, development, operation or maintenance of any system

of records, or in maintaining any record, and instruct each

such person with respect to such rules and the requirements

of this section, including any other rules and procedures

adopted pursuant to this section and the penalties for

noncompliance;

(10) establish appropriate administrative, technical, and

physical safeguards to ensure the security and

confidentiality of records and to protect against any

anticipated threats or hazards to their security or

integrity which could result in substantial harm,

embarrassment, inconvenience, or unfairness to any

individual on whom information is maintained;

(11) at least 30 days prior to publication of information

under paragraph (4)(D) of this subsection, publish in the

Federal Register notice of any new use or intended use of

the information in the system, and provide an opportunity

for interested persons to submit written data, views, or

arguments to the agency; and

(12) [Caution: For effective date, see 1988 Amendment note]

if such agency is a recipient agency or a source agency in a

matching program with a non-Federal agency, with respect to

any establishment or revision of a matching program, at

least 30 days prior to conducting such program, publish in

the Federal Register notice of such establishment or

revision.

(f) Agency Rules. In order to carry out the provisions of this

section, each agency that maintains a system of records shall

promulgate rules, in accordance with the requirements (including

general notice) of section 553 of this title, which shall -

(1) establish procedures whereby an individual can be

notified in response to his request if any system of records

named by the individual contains a record pertaining to him;

(2) define reasonable times, places, and requirements for

identifying an individual who requests his record or

information pertaining to him before the agency shall make

the record or information available to the individual;

(3) establish procedures for the disclosure to an individual

upon his request of his record or information pertaining to

him, including special procedure, if deemed necessary, for

the disclosure to an individual of medical records,

including psychological records, pertaining to him;

(4) establish procedures for reviewing a request from an

individual concerning the amendment of any record or

information pertaining to the individual, for making a

determination on the request, for an appeal within the

agency of an initial adverse agency determination, and for

whatever additional means may be necessary for each

individual to be able to exercise fully his rights under

this section; and

(5) establish fees to be charged, if any, to any individual

for making copies of his record, excluding the cost of any

search for and review of the record.

The Office of the Federal Register shall biennially compile and

publish the rules promulgated under this subsection and agency

notices published under subsection (e)(4) of this section in a

form available to the public at low cost.

(g)(1) Civil remedies. Whenever any agency -

(A) makes a determination under subsection (d)(3) of

this section not to amend an individual's record in

accordance with his request, or fails to make such

review in conformity with that subsection;

(B) refuses to comply with an individual request under

subsection (d)(1) of this section;

(C) fails to maintain any record concerning any

individual with such accuracy, relevance, timeliness,

and completeness as is necessary to assure fairness in

any determination relating to the qualifications,

character, rights or opportunities of, or benefits to

the individual that may be made on the basis of such

record, and consequently a determination is made which

is adverse to the individual; or

(D) fails to comply with any other provision of this

section, or any rule promulgated thereunder, in such a

way as to have an adverse effect on an individual,

the individual may bring a civil action against the agency,

and the district courts of the United States shall have

jurisdiction in the matters under the provisions of this

subsection.

(2)(A) In any suit brought under the provisions of subsec-

tion (g)(1)(A) of this section, the court may order the

agency to amend the individual's record in accordance

with his request or in such other way as the court may

direct. In such a case the court shall determine the

matter de novo.

(B) The court may assess against the United States

reasonable attorney fees and other litigation costs

reasonably incurred in any case under this paragraph in

which the complainant has substantially prevailed.

(3)(A) In any suit brought under the provisions of subsec-

tion (g)(1)(B) of this section, the court may enjoin

the agency from withholding the records and order the

production to the complainant of any agency records

improperly withheld from him. In such a case the court

shall determine the matter de novo, and may examine the

contents of any agency records in camera to determine

whether the records or any portion thereof may be

withheld under any of the exemptions set forth in

subsection (k) of this section, and the burden is on

the agency to sustain its action.

(B) The court may assess against the United States

reasonable attorney fees and other litigation costs

reasonably incurred in any case under this paragraph in

which the complainant has substantially prevailed.

(4) In any suit brought under the provisions of subsection

(g)(1)(C) or (D) of this section in which the court

determines that the agency acted in a manner which was

intentional or willful, the United States shall be liable to

the individual in an amount equal to the sum of -

(A) actual damages sustained by the individual as a

result of the refusal or failure, but in no case shall

a person entitled to recovery receive less than the sum

of $1,000; and

(B) the costs of the action together with reasonable

attorney fees as determined by the court.

(5) An action to enforce any liability created under this

section may be brought in 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,

without regard to the amount in controversy, within two

years from the date on which the cause of action arises,

except that where an agency has materially and willfully

misrepresented any information required under this section

to be disclosed to an individual and the information so

misrepresented is material to establishment of the liability

of the agency to the individual under this section, the

action may be brought at any time within two years after

discovery by the individual of the misrepresentation.

Nothing in this section shall be construed to authorize any

civil action by reason of any injury sustained as the result

of a disclosure of a record prior to September 27, 1975.

(h) Rights of Legal Guardians. For the purposes of this section,

the parent of any minor, or he legal guardian of any individual

who has been declared to be incompetent due to physical or mental

incapacity or age by a court of competent jurisdiction, may act

on behalf of the individual.

(i)(1) Criminal penalties. Any officer or employee of an agency,

who by virtue of his employment or official position,

has possession of, or access to, agency records which

contain individually identifiable information the

disclosure of which is prohibited by this section or by

rules or regulations established thereunder, and who

knowing that disclosure of the specific material is so

prohibited, willfully disclosed the material in any

manner to any person or agency not entitled to receive

it, shall be guilty of a misdemeanor and fined not more

than $5,000.

(2) Any officer or employee of any agency who willfully

maintains a system of records without meeting the

notice requirements of subsection (e)(4) of this

section shall be guilty of a misdemeanor and fined not

more than $5,000.

(3) Any person who knowingly and willfully requests or

obtains any record concerning an individual from an

agency under false pretenses shall be guilty of a

misdemeanor and fined not more than $5,000.

(j) General exemptions. The head of any agency may promulgate

rules, in accordance with the requirements (including general

notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this

title, to exempt any system of records within the agency from any

part of this section except subsections (b), (c)(1) and (2),

(e)(4)(A) through (F), (e)(6), (7), (9), (10) and (11) and (i) if

the system of records is -

(1) maintained by the Central Intelligence Agency; or

(2) maintained by an agency or component thereof which

performs as its principal function any activity pertaining

to the enforcement of criminal laws, including police

efforts to prevent, control, or reduce crimes or to

apprehend criminals, and the activities of prosecutors,

courts, correctional, probation, pardon or parole

authorities, and which consists of acts performed to

produce aggregate statistical data without any personal

identifiers.