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        A CITIZEN'S GUIDE ON USING THE FREEDOM OF INFORMATION ACT
        AND THE PRIVACY ACT OF 1974 TO REQUEST GOVERNMENT RECORDS

      The GUIDE103.ASC file contains the text of a congressional report
published by the Committee on Government Operations of the U.S. House
of Representatives.  The Chairman of the Committee is Representative
John Conyers, Jr. (D-MI).  The report was prepared by the Subcommittee
on Information, Justice, Transportation, and Agriculture which is
chaired by Representative Gary A. Condit (D-CA).

      The report was unanimously approved by the Committee and was
filed in the House of Representatives on May 24, 1993.  The report
number is House Report 103-104.

      The entire text of the report and its appendices are included in
the file.  The document is ASCII text.  The report, like virtually all
federal government publications, is not copyrighted.  It may be
reproduced and reused without restriction.

      Printed copies of the report can be purchased from the Government
Printing Office.  The GPO number is 05271009990.  The price is $2.75.
Orders may be place by telephone at 202-512-2470.  GPO accepts Visa
and Master Card.  Orders may also be sent to the Superintendent of
Document, P.O. Box 371954, Pittsburgh, PA 15250.









                     A CITIZEN'S GUIDE ON USING

                   THE FREEDOM OF INFORMATION ACT

                    AND THE PRIVACY ACT OF 1974

                   TO REQUEST GOVERNMENT RECORDS


                          First Report by
             The House Committee on Government Operations

                 Subcommittee on Information, Justice,
                    Transportation, and Agriculture

                            1993 Edition

                        House Report 103-104

                    103rd Congress, 1st Session

                       Union Calendar No. 53







                               CONTENTS


I.   PREFACE

II.  INTRODUCTION

III. RECOMMENDATIONS

IV.  HOW TO USE THIS GUIDE

V.   WHICH ACT TO USE

VI.  THE FREEDOM OF INFORMATION ACT

         A. The Scope Of The Freedom of Information Act
         B. What Records Can Be Requested Under The FOIA?
         C. Making an FOIA Request
         D. Fees and Fee Waivers
         E. Requirements for Agency Responses
         F. Reasons Access May Be Denied Under the FOIA
                  1. Exemption 1:  Classified Documents
                  2. Exemption 2:  Internal Personnel Rules and
                           Practices
                  3. Exemption 3:  Information Exempt Under Other
                           Laws
                  4. Exemption 4:  Confidential Business Information
                  5. Exemption 5:  Internal Government
                           Communications
                  6. Exemption 6:  Personal Privacy
                  7. Exemption 7:  Law Enforcement
                  8. Exemption 8:  Financial Institutions
                  9. Exemption 9:  Geological Information
         G. FOIA Exclusions
         H. Administrative Appeal Procedures
         I. Filing a Judicial Appeal

VII. THE PRIVACY ACT OF 1974
         A. The Scope of the Privacy Act of 1974
         B. The Computer Matching and Privacy Protection Act
         C. Locating Records
         D. Making a Privacy Act Request for Access
         E. Fees
         F. Requirements for Agency Responses
         G. Reasons Access May Be Denied Under the Privacy Act
                  1. General Exemptions
                  2. Specific Exemptions
                  3. Medical Records
                  4. Litigation Records
         H. Administrative Appeal Procedures For Denial of
                  Access
         I. Amending Records Under the Privacy Act
         J. Appeals and Requirements For Agency Responses
         K. Filing a Judicial Appeal

APPENDIX 1:  SAMPLE REQUEST AND APPEAL LETTERS
         A. Freedom of Information Act Request Letter
         B. Freedom of Information Act Appeal Letter

         C. Privacy Act Request for Access Letter
         D. Privacy Act Denial of Access Appeal
         E. Privacy Act Request to Amend Records
         F. Privacy Act Appeal of Refusal to Amend Records

APPENDIX 2:  BIBLIOGRAPHY OF CONGRESSIONAL PUBLICATIONS ON
         THE FREEDOM OF INFORMATION ACT

APPENDIX 3:  BIBLIOGRAPHY OF CONGRESSIONAL PUBLICATIONS ON
         THE PRIVACY ACT OF 1974

APPENDIX 4:  TEXT OF THE FREEDOM OF INFORMATION ACT

APPENDIX 5:  TEXT OF THE PRIVACY ACT OF 1974








                           I.   PREFACE

     In 1977, the House Committee on Government Operations issued
the first Citizen's Guide on how to request records from federal
agencies.[1]  The original Guide was reprinted many times and
widely distributed.  The Superintendent of Documents at the
Government Printing Office reported that almost 50,000 copies
were sold between 1977 and 1986 when the guide went out of print.
In addition, thousands of copies were distributed by the House
Committee on Government Operations, Members of Congress, the
Congressional Research Service, and other federal agencies.  The
original Citizen's Guide is one of the most widely read
congressional committee reports in history.

     In 1987, the Committee issued a revised Citizen's Guide.[2]

The new edition was prepared to reflect changes to the Freedom of
Information Act made during 1986.  As a result of special efforts
by the Superintendent of Documents at the Government Printing
Office, the availability of the new Guide was well publicized.
The 1987 edition appeared on GPO's "Best Seller" list in the
months following its issuance.

     During the 100th Congress, major amendments were made to the
Privacy Act of 1974.  The Computer Matching and Privacy
Protection Act of 1988[3] added new provisions to the Privacy Act
and changed several existing requirements.  None of the changes
affects a citizen's rights to request or see records held by
federal agencies.  However, some of the information in the 1987
Guide became outdated as a result, and a third edition was issued
in 1989.[4]

     During the 101st Congress, the Privacy Act of 1974 was
amended through further adjustments to the Computer Matching and
Privacy Protection Act of 1988.  The changes do not affect access
rights.  This fourth edition of the Citizen's Guide reflected all
changes to the FOIA and Privacy Act made through the end of
1990.[5]  The current edition version is the fifth edition and
includes an expanded bibliography and editorial changes.



                          II.  INTRODUCTION
              "A popular Government without popular information
         or the means of acquiring it, is but a Prologue to a
         Farce or a Tragedy or perhaps both.  Knowledge will
         forever govern ignorance, and a people who mean to be
         their own Governors, must arm themselves with the power
         knowledge gives."
                                   James Madison[6]

     The Freedom of Information Act (FOIA) establishes a
presumption that records in the possession of agencies and
departments of the Executive Branch of the United States
government are accessible to the people.  This was not always the
approach to federal information disclosure policy.  Before
enactment of the FOIA in 1966, the burden was on the individual
to establish a right to examine these government records.  There
were no statutory guidelines or procedures to help a person
seeking information.  There were no judicial remedies for those
denied access.

     With the passage of the FOIA, the burden of proof shifted
from the individual to the government.  Those seeking information
are no longer required to show a need for  information.  Instead,
the "need to know" standard has been replaced by a "right to
know" doctrine.  The government now has to justify the need for
secrecy.

     The FOIA sets standards for determining which records must
be disclosed and which records can be withheld.  The law also
provides administrative and judicial remedies for those denied
access to records.  Above all, the statute requires federal
agencies to provide the fullest possible disclosure of
information to the public.

     The Privacy Act of 1974 is a companion to the FOIA.  The
Privacy Act regulates federal government agency record keeping
and disclosure practices.  The Act allows most individuals to
seek access to federal agency records about themselves.  The Act
requires that personal information in agency files be accurate,
complete, relevant, and timely.  The subject of a record may
challenge the accuracy of information.  The Act requires that
agencies obtain information directly from the subject of the
record and that information gathered for one purpose not be used
for another purpose.  As with the FOIA, the Privacy Act provides
civil remedies for individuals whose rights have been violated.

     Another important feature of the Privacy Act is the
requirement that each federal agency publish a description of
each system of records maintained by the agency that contains
personal information.  This prevents agencies from keeping secret
records.

     The Privacy Act also restricts the disclosure of personally
identifiable information by federal agencies.  Together with the

FOIA, the Privacy Act permits disclosure of most personal files
to the individual who is the subject of the files.  The two laws
restrict disclosure of personal information to others when
disclosure would violate privacy interests.

     While both the FOIA and the Privacy Act support the
disclosure of agency records, both laws also recognize the
legitimate need to restrict disclosure of some information.  For
example, agencies may withhold information properly classified in
the interest of national defense or foreign policy, trade
secrets, and criminal investigatory files.  Other specifically
defined categories of confidential information may also be
withheld.

     The essential feature of both laws is that they make federal
agencies accountable for information disclosure policies and
practices.  While neither law grants an absolute right to examine
government documents, both laws establish the right to request
records and to receive a response to the request.  If a record
cannot be released, the requester is entitled to be told the
reason for the denial.  The requester also has a right to appeal
the denial and, if necessary, to challenge it in court.

     These procedural rights granted by the FOIA and the Privacy
Act make the laws valuable and workable.  As a result, the
disclosure of federal government information cannot be controlled
by arbitrary or unreviewable actions.



                            III. RECOMMENDATIONS

     The Committee recommends that this Citizen's Guide be made
widely available at low cost to anyone who has an interest in
obtaining documents from the federal government.  The Government
Printing Office and federal agencies subject to the Freedom of
Information Act and the Privacy Act of 1974 should distribute
this report widely.

     The Committee also recommends that this Citizen's Guide be
used by federal agencies in training programs for government
employees who are responsible for administering the Freedom of
Information Act and the Privacy Act of 1974.  The Guide should
also be used by those government employees who only occasionally
work with these two laws.


                        IV.  HOW TO USE THIS GUIDE

     This report explains how to use the Freedom of Information
Act and the Privacy Act of 1974.  It reflects all changes to the
laws made since 1977.  Major amendments to the Freedom of
Information Act passed in 1974 and 1986.   A major addition to
the Privacy Act of 1974 was enacted in 1988.  Minor amendments to
the Privacy Act were made in 1989 and 1990.

     This Guide is intended to serve as a general introduction to
the Freedom of Information Act and the Privacy Act.[7]  It offers
neither a comprehensive explanation of the details of these Acts
nor an analysis of case law.  The Guide will enable those who are
unfamiliar with the laws to understand the process and to make a
request.  In addition, the complete text of each law is included
in an appendix.

     Readers should be aware that FOIA litigation is a complex
area of law.  There are thousands of court decisions interpreting
the FOIA.[8]  These decisions must be considered in order to
develop a complete understanding of the principles governing
disclosure of government information.  Anyone requiring more
details about the FOIA, its history, or the case law should
consult other sources.  There has been less controversy and less
litigation over the Privacy Act, but there is nevertheless a
considerable body of case law for the Privacy Act as well.  There
are other sources of information on the Privacy Act as well.

     However, no one should be discouraged from making a request
under either law.  No special expertise is required.  Using the
Freedom of Information Act and the Privacy Act is as simple as
writing a letter.  This Citizen's Guide explains the essentials.



                       V.   WHICH ACT TO USE

     The access provisions of the FOIA and the Privacy Act
overlap in part.  The two laws have different procedures and

different exemptions.  As a result, sometimes information exempt
under one law will be disclosable under the other.

     In order to take maximum advantage of the laws, an
individual seeking information about himself or herself should
normally cite both laws.  Requests by an individual for
information that does not relate solely to himself or herself
should be made only under the FOIA.

     Congress intended that the two laws be considered together
in the processing of requests for information.  Many government
agencies will automatically handle requests from individuals in a
way that will maximize the amount of information that is
disclosable.  However, a requester should still make a request in
a manner that is most advantageous and that fully protects all
available legal rights.  A requester who has any doubts about
which law to use should always cite both the FOIA and the Privacy
Act when seeking documents from the federal government.



                 VI.  THE FREEDOM OF INFORMATION ACT

            A. The Scope Of The Freedom of Information Act

     The federal Freedom of Information Act applies to documents
held by agencies in the executive branch of the federal
government.  The executive branch includes cabinet departments,
military departments, government corporations, government
controlled corporations, independent regulatory agencies, and
other establishments in the executive branch.

     The FOIA does not apply to elected officials of the federal
government, including the President[9], Vice President, Senators,
and Congressmen.[10]  The FOIA does not apply to the federal
judiciary.  The FOIA does not apply to private companies; persons
who receive federal contracts or grants; tax-exempt
organizations; or state or local governments.

     All States and some localities have passed laws like the
FOIA that allow people to request access to records.  In
addition, there are other federal and state laws that may permit
access to documents held by organizations not covered by the
federal FOIA.[11]


           B. What Records Can Be Requested Under The FOIA?

     The FOIA requires agencies to publish or make available for
public inspection several types of information.  This includes:
(1) descriptions of agency organization and office addresses; (2)
statements of the general course and method of agency operation;
(3) rules of procedure and descriptions of forms; (4) substantive
rules of general applicability and general policy statements; (5)
final opinions made in the adjudication of cases; and (6)
administrative staff manuals that affect the public.  This
information must either be published in the Federal Register or
made available for inspection and copying without the formality
of an FOIA request.

     All other "records" of a federal agency may be requested
under the FOIA.  However, the FOIA does not define "record".  Any
item containing information that is in the possession, custody,
or control of an agency is usually considered to be an agency
record under the FOIA.  Personal notes of agency employees may
not be agency records.  A document that is not an "record" will
not be available under the FOIA.

     The form in which a record is maintained by an agency does
not affect its availability.  A request may seek a printed or
typed document, tape recording, map, photograph, computer
printout, computer tape or disk, or a similar item.

     Of course, not all records that can be requested must be
disclosed.  Information that is exempt from disclosure is
described below in the section entitled "Reasons Access May Be
Denied Under the FOIA".

     The FOIA carefully provides that a requester may ask for
records rather than information.  This means that an agency is
only required to look for an existing record or document in
response to an FOIA request.  An agency is not obliged to create
a new record to comply with a request.  An agency is not required
to collect information it does not have.  Nor must an agency do

research or analyze data for a requester.[12]

     Requesters must ask for existing records.  Requests may have
to be carefully written in order to obtain the desired
information.  Sometimes, an agency will help a requester identify
a specific document that contains the information being sought.
Other times, a requester may need to be creative when writing an
FOIA request in order to identify an existing document or set of
documents containing the desired information.

     There is a second general limitation on FOIA requests.  The
law requires that each request must reasonably describe the
records being sought.  This means that a request must be specific
enough to permit a professional employee of the agency who is
familiar with the subject matter to locate the record in a
reasonable period of time.

     Because agencies organize and index records in different
ways, one agency may consider a request to be reasonably
descriptive while another agency may reject a similar request as
too vague.  For example, the Federal Bureau of Investigation has
a central index for its primary record system.  As a result, the
FBI is able to search for records about a specific person.
However, agencies that do not maintain a central name index may
be unable to conduct the same type of search.  These agencies may
reject a similar request because the request does not describe
records that can be identified.

     Requesters should make requests as specific as possible.  If
a particular document is required, it should be identified
precisely, preferably by date and title.  However, a request does
not always have to be that specific.  A requester who cannot
identify a specific record should clearly explain his or her
needs.  A requester should make sure, however, that a request is
broad enough to include all desired information.

     For example, assume that a requester wants to obtain a list
of toxic waste sites near his home.  A request to the
Environmental Protection Agency for all records on toxic waste
would cover many more records than are needed.  The fees for such
a request might be very high, and it is possible that the request
might be rejected as too vague.

     A request for all toxic waste sites within three miles of a
particular address is very specific.  But it is unlikely that EPA
would have an existing record containing data organized in that
fashion.  As a result, the request might be denied because there
is no existing record containing the information.

     The requester might do better to ask for a list of toxic
waste sites in his city, county, or state.  It is more likely
that existing records might contain this information.  The
requester might also want to tell the agency in the request
letter exactly what information is desired.  This additional
explanation may help the agency to find a record that meets the
request.

     Many people include their telephone number with their
requests.  Some questions about the scope of a request can be
resolved quickly when an agency employee and the requester talk.
This is an efficient way to resolve questions that arise during
the processing of FOIA requests.

     It is to everyone's advantage if requests are as precise and
as narrow as possible.  The requester benefits because the
request can be processed faster and cheaper.  The agency benefits
because it can do a better job of responding to the request.  The
agency will also be able to use its resources to respond to more
requests.  The FOIA works best when both the requester and the
agency act cooperatively.

                   C. Making an FOIA Request

     The first step in making a request under the FOIA is to
identify the agency that has the records.  An FOIA request must
be addressed to a specific agency.  There is no central
government records office that services FOIA requests.

     Often, a requester knows beforehand which agency has the
desired records.  If not, a requester can consult a government
directory such as the United States Government Manual.[13]  This

manual has a complete list of all federal agencies, a description
of agency functions, and the address of each agency.  A requester
who is uncertain about which agency has the records that are
needed can make FOIA requests at more than one agency.

     Agencies normally require that FOIA requests be in writing.
Letters requesting records under the FOIA can be short and
simple.  No one needs a lawyer to make an FOIA request.  Appendix
1 of this Guide contains a sample request letter.

     The request letter should be addressed to the agency's FOIA
Officer or to the head of the agency.  The envelope containing
the written request should be marked "Freedom of Information Act
Request" in the bottom left-hand corner.[14]

     There are three basic elements to an FOIA request letter.
First, the letter should state that the request is being made
under the Freedom of Information Act.  Second, the request should
identify the records that are being sought as specifically as
possible.  Third, the name and address of the requester must be
included.

     Under the 1986 amendments to the FOIA, fees chargeable vary
with the status or purpose of the requester.  As a result, a
requester may have to provide additional information to permit
the agency to determine the appropriate fees.  Different fees can
be charged to commercial users, representatives of the news
media,  educational or noncommercial scientific institutions, and
individuals.  The next section explains the fee structure in more
detail.

     There are several optional items that are often included in
an FOIA request.  The first is the telephone number of the
requester.  This permits an agency employee processing a request
to speak with the requester if necessary.

     A second optional item is a limitation on the fees that the
requester is willing to pay.  It is common for a requester to ask
to be notified in advance if the charges will exceed a fixed
amount.  This allows the requester to modify or withdraw a
request if the cost may be too high.  Also, by stating a
willingness to pay a set amount of fees in the original request
letter, a requester may avoid the necessity of additional
correspondence and delay.

     A third optional item sometimes included in an FOIA request
is a request for a waiver or reduction of fees.  The 1986
amendments to the FOIA changed the rules for fee waivers.  Fees
must be waived or reduced 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.  Decisions about granting
fee waivers are separate from and different than decisions about
the amount of fees that can be charged to a requester.

     A requester should keep a copy of the request letter and
related correspondence until the request has been finally
resolved.


                       D. Fees and Fee Waivers

     FOIA requesters may have to pay fees covering some or all of
the costs of processing their requests.  As amended in 1986, the
law establishes three types of fees that may be charged.  The
1986 law makes the process of determining the applicable fees
more complicated.  However, the 1986 rules reduce or eliminate
entirely the cost for small, non-commercial requests.

     First, fees can be imposed to recover the cost of copying
documents.  All agencies have a fixed price for making copies
using copying machines.  A requester is usually charged the
actual cost of copying computer tapes, photographs, and other
nonstandard documents.

     Second, fees can also be imposed to recover the costs of
searching for documents.  This includes the time spent looking
for material responsive to a request.  A requester can minimize
search charges by making clear, narrow requests for identifiable
documents whenever possible.

     Third, fees can be charged to recover review costs.  Review
is the process of examining documents to determine whether any

portion is exempt from disclosure.  Before the 1986 amendments
took effect, no review costs were charged to any requester.
Effective on April 25, 1987, review costs may be charged to
commercial requesters only.  Review charges only include costs
incurred during the initial examination of a document.  An agency
may not charge for any costs incurred in resolving issues of law
or policy that may arise while processing a request.

     Different fees apply to different requesters.  There are
three categories of FOIA requesters.  The first includes
representatives of the news media, and educational or
noncommercial scientific institutions whose purpose is scholarly
or scientific research.  A requester in this category who is not
seeking records for commercial use can only be billed for
reasonable standard document duplication charges.  A request for
information from a representative of the news media is not
considered to be for commercial use if the request is in support
of a news gathering or dissemination function.

     The second category includes FOIA requesters seeking records
for commercial use.  Commercial use is not defined in the law,
but it generally includes profit making activities.  A commercial
user can be charged reasonable standard charges for document
duplication, search, and review.

     The third category of FOIA requesters includes everyone not
in the first two categories.  People seeking information for
personal use, public interest groups, and non-profit
organizations are examples of requesters who fall into the third
group.  Charges for these requesters are limited to reasonable
standard charges for document duplication and search.  Review
costs may not be charged.  The 1986 amendments did not change the
fees charged to these requesters.

     Small requests are free for a requester in the first and
third categories.  This includes all requesters except commercial
users.  There is no charge for the first two hours of search time
and for the first 100 pages of documents.  A non-commercial
requester who limits a request to a small number of easily found
records will not pay any fees at all.

     In addition, the law also prevents agencies from charging
fees if the cost of collecting the fee would exceed the amount
collected.  This limitation applies to all requests, including
those seeking documents for commercial use.  Thus, if the
allowable charges for any FOIA request are small, no fees are
imposed.

     Each agency sets charges for duplication, search, and review
based on its own costs.  The amount of these charges is listed in
agency FOIA regulations.  Each agency also sets its own threshold
for minimum charges.

     The 1986 FOIA amendments also changed the law on fee
waivers.  Fees now must be waived or reduced 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.

     The 1986 amendments on fees and fee waivers have created
some confusion.  Determinations about fees are separate and
distinct from determinations about fee waivers.  For example, a
requester who can demonstrate that he or she is a news reporter
may only be charged duplication fees.  But a requester found to
be a reporter is not automatically entitled to a waiver of those
fees.  A reporter who seeks a waiver must demonstrate that the
request also meets the standards for waivers.

     Normally, only after a requester has been categorized to
determine the applicable fees does the issue of a fee waiver
arise.  A requester who seeks a fee waiver should ask for a
waiver in the original request letter.  However, a request for a
waiver can be made at a later time.  The requester should
describe how disclosure will contribute to public understanding
of the operations or activities of the government.  The sample
request letter in the appendix includes optional language asking

for a fee waiver.

     Any requester may ask for a fee waiver.  Some will find it
easier to qualify than others.  A news reporter who is only
charged duplication costs may still ask that the charges be
waived because of the public benefits that will result from
disclosure.  A representative of the news media, a scholar, or a
public interest group are more likely to qualify for a waiver of
fees.  A commercial user may find it difficult to qualify for
waivers.

     The eligibility of other requesters will vary.  A key
element in qualifying for a fee waiver is the relationship of the
information to public understanding of the operations or
activities of government.  Another important factor is the
ability of the requester to convey that information to other
interested members of the public.  A requester is not eligible
for a fee waiver solely because of indigence.


              E. Requirements for Agency Responses

     Each agency is required to determine within ten days
(excluding Saturdays, Sundays, and legal holidays) after the
receipt of a request whether to comply with the request.  The
actual disclosure of documents is required to follow promptly
thereafter.  If a request is denied in whole or in part, the
agency must tell the requester the reasons for the denial.  The
agency must also tell the requester that there is a right to
appeal any adverse determination to the head of the agency.

     The FOIA permits an agency to extend the time limits up to
ten days in unusual circumstances.  These circumstances include
the need to collect records from remote locations, review large
numbers of records, and consult with other agencies.  The agency
is supposed to notify the requester whenever an extension is
invoked.[15]

     The statutory time limits for responses are not always met.
An agency sometimes receives an unexpectedly large number of FOIA
requests at one time and is unable to meet the deadlines.  Some
agencies assign inadequate resources to FOIA offices.  The
Congress does not condone the failure of any agency to meet the
law's time limits.  However, as a practical matter, there is
little that a requester can do about it.  The courts have been
reluctant to provide relief solely because the FOIA's time limits
have not been met.

     The best advice to requesters is to be patient.  The law
allows a requester to consider that his or her request has been
denied if it has not been decided within the time limits.  This
permits the requester to file an administrative appeal or file a
lawsuit in federal district court.  However, this is not always
the best course of action.  The filing of an administrative or
judicial appeal will not necessarily result in any faster
processing of the request.

     Each agency generally processes requests in the order of
receipt.  Some agencies will expedite the processing of urgent
requests.  Anyone with a pressing need for records should consult
with the agency FOIA officer about how to ask for expedited
treatment of requests.


             F. Reasons Access May Be Denied Under the FOIA

     An agency may refuse to disclose an agency record that falls
within any of the FOIA's nine statutory exemptions.  The
exemptions protect against the disclosure of information that
would harm national defense or foreign policy, privacy of
individuals, proprietary interests of business, functioning of
the government, and other important interests.  A document that
does not qualify as an "agency record" may be denied because only
agency records are available under the FOIA.  Personal notes of
agency employees may be denied on this basis.  However, most
records in the possession of an agency are "agency records"
within the meaning of the FOIA.

     An agency may withhold exempt information, but it is not
always required to do so.  For example, an agency may disclose an
exempt internal memorandum because no harm would result from its
disclosure.  However, an agency is not likely to agree to
disclose an exempt document that is classified or that contains a

trade secret.

     When a record contains some information that qualifies as
exempt, the entire record is not necessarily exempt.  Instead,
the FOIA specifically provides that any reasonably segregable
portions of a record must be provided to a requester after the
deletion of the portions that are exempt.  This is a very
important requirement because it prevents an agency from
withholding an entire document simply because one line or one
page is exempt.

     1. Exemption 1:  Classified Documents

     The first FOIA exemption permits the withholding of properly
classified documents.  Information may be classified in the
interest of national defense or foreign policy.

     The rules for classification are established by the
President and not the FOIA or other law.  The FOIA provides that,
if a document has been properly classified under a presidential
Executive Order, the document can be withheld from disclosure.

     Classified documents may be requested under the FOIA.  An
agency can review the document to determine if it still requires
protection.  In addition, the Executive Order on Security
Classification establishes a special procedure for requesting the
declassification of documents.[16]  If a requested document is
declassified, it can be released in response to an FOIA request.
However, a document that is declassified may be still be exempt
under other FOIA exemptions.

     2. Exemption 2:  Internal Personnel Rules and Practices

     The second FOIA exemption covers matters that are related
solely to an agency's internal personnel rules and practices.  As
interpreted by the courts, there are two separate classes of
documents that are generally held to fall within exemption two.

     First, information relating to personnel rules or internal
agency practices is exempt if it is trivial administrative matter
of no genuine public interest.  A rule governing lunch hours for
agency employees is an example.

     Second, an internal administrative manual can be exempt if
disclosure would risk circumvention of law or agency regulations.
In order to fall into this category, the material will normally
have to regulate internal agency conduct rather than public
behavior.

     3. Exemption 3:  Information Exempt Under Other Laws

     The third exemption incorporates into the FOIA other laws
that restrict the availability of information.  To qualify under
this exemption, a statute must require that matters be withheld
from the public in such a manner as to leave no discretion to the
agency.  Alternatively, the statute must establish particular
criteria for withholding or refer to particular types of matters
to be withheld.

     One example of a qualifying statute is the provision of the
Tax Code prohibiting the public disclosure of tax returns and tax
return information.[17]  Another qualifying Exemption 3 statute
is the law designating identifiable census data as
confidential.[18]  Whether a particular statute qualifies under
Exemption 3 can be a difficult legal question.

     4. Exemption 4:  Confidential Business Information

     The fourth exemption protects from public disclosure two
types of information:  trade secrets and confidential business
information.  A trade secret is a commercially valuable plan,
formula, process, or device.  This is a narrow category of
information.  An example of a trade secret is the recipe for a
commercial food product.

     The second type of protected data is commercial or financial
information obtained from a person and privileged or
confidential.  The courts have held that data qualifies for
withholding if disclosure by the government would be likely to
harm the competitive position of the person who submitted the
information.  Detailed information on a company's marketing
plans, profits, or costs can qualify as confidential business
information.  Information may also be withheld if disclosure
would be likely to impair the government's ability to obtain

similar information in the future.

     Only information obtained from a person other than a
government agency qualifies under the fourth exemption.  A person
is an individual, a partnership, or a corporation.  Information
that an agency created on its own cannot normally be withheld
under exemption four.

     Although there is no formal requirement under the FOIA, many
agencies will notify a submitter of business information that
disclosure of the information is being considered.[19]  The
submitter then has an opportunity to convince the agency that the
information qualifies for withholding.  A submitter can also file
suit to block disclosure under the FOIA.  Such lawsuits are
generally referred to as "reverse" FOIA lawsuits because the FOIA
is being used in an attempt to prevent rather than to require the
disclosure of information.  A reverse FOIA lawsuit may be filed
when the submitter of documents and the government disagree
whether the information is confidential.

     5. Exemption 5:  Internal Government Communications

     The FOIA's fifth exemption applies to internal government
documents.  An example is a letter from one government department
to another about a joint decision that has not yet been made.
Another example is a memorandum from an agency employee to his
supervisor describing options for conducting the agency's
business.

     The purpose of the fifth exemption is to safeguard the
deliberative policy making process of government.  The exemption
encourages frank discussion of policy matters between agency
officials by allowing supporting documents to be withheld from
public disclosure.  The exemption also protects against premature
disclosure of policies before final adoption.

     While the policy behind the fifth exemption is well-
accepted, the application of the exemption is complicated.  The
fifth exemption may be the most difficult FOIA exemption to
understand and apply.  For example, the exemption protects the
policy making process, but it does not protect purely factual
information related to the policy process.  Factual information
must be disclosed unless it is inextricably intertwined with
protected information about an agency decision.

     Protection for the decision making process is appropriate
only for the period while decisions are being made.  Thus, the
fifth exemption has been held to distinguish between documents
that are pre-decisional and therefore may be protected, and those
which are post-decisional and therefore not subject to
protection.  Once a policy is adopted, the public has a greater
interest in knowing the basis for the decision.

     The exemption also incorporates some of the privileges that
apply in litigation involving the government.  For example,
papers prepared by the government's lawyers can be withheld in
the same way that papers prepared by private lawyers for clients
are not available through discovery in civil litigation.

     6. Exemption 6:  Personal Privacy

     The sixth exemption covers personnel, medical, and similar
files the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy.  This exemption
protects the privacy interests of individuals by allowing an
agency to withhold intimate personal data kept in government
files.  Only individuals have privacy interests.  Corporations
and other legal persons have no privacy rights under the sixth
exemption.

     The exemption requires agencies to strike a balance between
an individual's privacy interest and the public's right to know.
However, since only a clearly unwarranted invasion of privacy is
a basis for withholding, there is a perceptible tilt in favor of
disclosure in the exemption.  Nevertheless, the sixth exemption
makes it harder to obtain information about another individual
without the consent of that individual.

     The Privacy Act of 1974 also regulates the disclosure of
personal information about an individual.  The FOIA and the
Privacy Act overlap in part, but there is no inconsistency.  An

individual seeking records about himself or herself should cite
both laws when making a request.  This ensures that the maximum
amount of disclosable information will be released.  Records that
can be denied to an individual under the Privacy Act are not
necessarily exempt under the FOIA.

     7. Exemption 7:  Law Enforcement

     The seventh exemption allows agencies to withhold law
enforcement records in order to protect the law enforcement
process from interference.  The exemption was amended slightly in
1986, but it still retains six specific subexemptions.

     Exemption (7)(A) allows the withholding of a law enforcement
record that could reasonably be expected to interfere with
enforcement proceedings.  This exemption protects an active law
enforcement investigation from interference through premature
disclosure.

     Exemption (7)(B) allows the withholding of information that
would deprive a person of a right to a fair trial or an impartial
adjudication.  This exemption is rarely used.

     Exemption (7)(C) recognizes that individuals have a privacy
interest in information maintained in law enforcement files.  If
the disclosure of information could reasonably be expected to
constitute an unwarranted invasion of personal privacy, the
information is exempt from disclosure.  The standards for privacy
protection in Exemption 6 and Exemption (7)(C) differ slightly.
Exemption (7)(C) protects against an unwarranted invasion of
personal privacy while Exemption 6 protects against clearly a
unwarranted invasion.  Also, Exemption (7)(C) allows the
withholding of information that "could reasonably be expected to"
invade someone's privacy.  Under Exemption 6, information can be
withheld only if disclosure "would" invade someone's privacy.


     Exemption (7)(D) protects the identity of confidential
sources.  Information that could reasonably be expected to reveal
the identity of a confidential source is exempt.  A confidential
source can include a state, local, or foreign agency or
authority, or a private institution that furnished information on
a confidential basis.  In addition, the exemption protects
information furnished by a confidential source if the data was
compiled by a criminal law enforcement authority during a
criminal investigation or by an agency conducting a lawful
national security intelligence investigation.

     Exemption (7)(E) protects from disclosure information that
would reveal techniques and procedures for law enforcement
investigations or prosecutions or that would disclose guidelines
for law enforcement investigations or prosecutions if disclosure
of the information could reasonably be expected to risk
circumvention of the law.

     Exemption (7)(F) protects law enforcement information that
could reasonably be expected to endanger the life or physical
safety of any individual.

     8. Exemption 8:  Financial Institutions

     The eighth exemption protects information that is contained
in or related to examination, operating, or condition reports
prepared by or for a bank supervisory agency such as the Federal
Deposit Insurance Corporation, the Federal Reserve, or similar
agencies.

     9. Exemption 9:  Geological Information

     The ninth FOIA exemption covers geological and geophysical
information, data, and maps about wells.  This exemption is
rarely used.


                         G. FOIA Exclusions

     The 1986 amendments to the FOIA gave limited authority to
agencies to respond to a request without confirming the existence
of the requested records.  Ordinarily, any proper request must
receive an answer stating whether there is any responsive
information, even if the requested information is exempt from
disclosure.

     In some narrow circumstances, acknowledgement of the
existence of a record can produce consequences similar to those
resulting from disclosure of the record itself.  In order to
avoid this type of problem, the 1986 amendments established three
"record exclusions".

     The exclusions allow an agency to treat certain exempt

records as if the records were not subject to the FOIA.  An
agency is not required to confirm the existence of three specific
categories of records.  If these records are requested, the
agency may respond that there are no disclosable records
responsive to the request.  However, these exclusions do not
broaden the authority of any agency to withhold documents from
the public.  The exclusions are only applicable to information
that is otherwise exempt from disclosure.

     The first exclusion may be used when a request seeks
information that is exempt because disclosure could reasonably be
expected to interfere with a current law enforcement
investigation (exemption (7)(A)).  There are three specific
prerequisites for the application of this exclusion.  First, the
investigation in question must involve a possible violation of
criminal law.  Second, there must be reason to believe that the
subject of the investigation is not already aware that the
investigation is underway.  Third, disclosure of the existence of
the records -- as distinguished from the contents of the records
-- could reasonably be expected to interfere with enforcement
proceedings.

     When all of these conditions exist, an agency may respond to
an FOIA request for investigatory records as if the records are
not subject to the requirements of the FOIA.  In other words, the
agency's response does not have to reveal that it is conducting
an investigation.

     The second exclusion applies to informant records maintained
by a criminal law enforcement agency under the informant's name
or personal identifier.  The agency is not required to confirm
the existence of these records unless the informant's status has
been officially confirmed.  This exclusion helps agencies to
protect the identity of confidential informants.  Information
that might identify informants has always been exempt under the
FOIA.

     The third exclusion only applies to records maintained by
the Federal Bureau of Investigation which pertain to foreign
intelligence, counterintelligence, or international terrorism.
When the existence of these types of records is classified, the
FBI may treat the records as not subject to the requirements of
FOIA.

     This exclusion does not apply to all classified records on
the specific subjects.  It only applies when the records are
classified and when the existence of the records is also
classified.  Since the underlying records must be classified
before the exclusion is relevant, agencies have no new
substantive withholding authority.

     In enacting these exclusions, congressional sponsors stated
that it was their intent that agencies must inform FOIA
requesters that these exclusions are available for agency use.
Requesters who believe that records were improperly withheld
because of the exclusions can seek judicial review.


                  H. Administrative Appeal Procedures

     Whenever an FOIA request is denied, the agency must inform
the requester of the reasons for the denial and the requester's
right to appeal the denial to the head of the agency.  A
requester may appeal the denial of a request for a document or
for a fee waiver.  A requester may contest the type or amount of
fees that were charged.  A requester may appeal any other type of
adverse determination including a rejection of a request for
failure to describe adequately the documents being requested.  A
requester can also appeal because the agency failed to conduct an
adequate search for the documents that were requested.

     A person whose request was granted in part and denied in
part may appeal the part that was denied.  If an agency has
agreed to disclose some but not all requested documents, the
filing of an appeal does not affect the release of the documents
that are disclosable.  There is no risk to the requester in
filing an appeal.

     The appeal to the head of the agency is a simple
administrative appeal.  A lawyer can be helpful, but no one needs
a lawyer to file an appeal.  Anyone who can write a letter can

file an appeal.  Appeals to the head of the agency often result
in the disclosure of some records that had been withheld.  A
requester who is not convinced that the agency's initial decision
is correct should appeal.  There is no charge for filing an
administrative appeal.

     An appeal is filed by sending a letter to the head of the
agency.  The letter must identify the FOIA request that is being
appealed.  The envelope containing the letter of appeal should be
marked in the lower left hand corner with the words "Freedom of
Information Act Appeal."[20]

     Many agencies assign a number to all FOIA requests that are
received.  The number should be included in the appeal letter,
along with the name and address of the requester.  It is a common
practice to include a copy of the agency's initial decision
letter as part of the appeal, but this is not required.  It can
also be helpful for the requester to include a telephone number
in the appeal letter.

     An appeal will normally include the requester's arguments
supporting disclosure of the documents.  A requester may include
any facts or any arguments supporting the case for reversing the
initial decision.  However, an appeal letter does not have to
contain any arguments at all.  It is sufficient to state that the
agency's initial decision is being appealed.  Appendix 1 includes
a sample appeal letter.

     The FOIA does not set a time limit for filing an
administrative appeal of an FOIA denial.  However, it is good
practice to file an appeal promptly.  Some agency regulations
establish a time limit for filing an administrative appeal.  A
requester whose appeal is rejected by an agency because it is too
late may refile the original FOIA request and start the process
again.

     A requester who delays filing an appeal runs the risk that
the documents could be destroyed.   However, as long as an agency
is considering a request or an appeal, the agency must preserve
the documents.

     An agency is required to make a decision on an appeal within
twenty days (excluding Saturdays, Sundays, and federal holidays).
It is possible for an agency to extend the time limits by an
additional ten days.  Once the time period has elapsed, a
requester may consider that the appeal has been denied and may
proceed with a judicial appeal.  However, unless there is an
urgent need for records, this may not be the best course of
action.  The courts are not sympathetic to appeals based solely
on an agency's failure to comply with the FOIA's time limits.


                      I. Filing a Judicial Appeal

     When an administrative appeal is denied, a requester has the
right to appeal the denial in court.  An FOIA appeal can be filed
in the United States District Court in the district where the
requester lives.  The requester can also file suit in the
district where the documents are located or in the District of
Columbia.  When a requester goes to court, the burden of
justifying the withholding of documents is on the government.
This is a distinct advantage for the requester.

     Requesters are sometimes successful when they go to court,
but the results vary considerably.  Some requesters who file
judicial appeals find that an agency will disclose some documents
previously withheld rather than fight about disclosure in court.
This does not always happen, and there is no guarantee that the
filing of a judicial appeal will result in any additional
disclosure.

     Most requesters require the assistance of an attorney to
file a judicial appeal.  A person who files a lawsuit and
substantially prevails may be awarded reasonable attorney fees
and litigation costs reasonably incurred.  Some requesters may be
able to handle their own appeal without an attorney.  Since this
is not a litigation guide, details of the judicial appeal process
have been not included.  Anyone considering filing an appeal can
begin by reading the provisions of the FOIA on judicial
review.[21]



                   VII. THE PRIVACY ACT OF 1974


              A. The Scope of the Privacy Act of 1974

     The Privacy Act of 1974 provides safeguards against an
invasion of privacy through the misuse of records by federal
agencies.  In general, the Act allows a citizen to learn how
records are collected, maintained, used, and disseminated by the
federal government.  The Act also permits an individual to gain
access to most personal information maintained by federal
agencies and to seek amendment of any incorrect or incomplete
information.

     The Privacy Act applies to personal information maintained
by agencies in the executive branch of the federal government.
The executive branch includes cabinet departments, military
departments, government corporations, government controlled
corporations, independent regulatory agencies, and other
establishments in the executive branch.  Agencies subject to the
Freedom of Information Act (FOIA) are also subject to the Privacy
Act.  The Privacy Act does not generally apply to records
maintained by state and local governments or private companies or
organizations.[22]

     The Privacy Act only grants rights to United States citizens
and to aliens lawfully admitted for permanent residence.  As a
result, a foreign national cannot use the Act's provisions.
However, a foreigner may use the FOIA to request records about
himself or herself.

     In general, the only records subject to the Privacy Act are
records that are maintained in a system of records.  The idea of
a "system of records" is unique to the Privacy Act and requires
explanation.

     The Act defines a "record" to include most personal
information maintained by an agency about an individual.  A
record contains individually identifiable information, including
but not limited to information about education, financial
transactions, medical history, criminal history, or employment
history.  A "system of records" is a group of records from which
information is actually retrieved by name, social security
number, or other identifying symbol assigned to an individual.

     Some personal information is not kept in a system of
records.  This information is not subject to the provisions of
the Privacy Act, although access may be requested under the FOIA.
Most personal information in government files is subject to the
Privacy Act.

     The Privacy Act also establishes general records management
requirements for federal agencies.  In summary, there are five
basic requirements that are most relevant to individuals.

     First, each agency must establish procedures allowing
individuals to see and copy records about themselves.  An
individual may also seek to amend any information that is not
accurate, relevant, timely, or complete.  The rights to inspect
and to correct records are the most important provisions of the
Privacy Act.  This guide explains in more detail how an
individual can exercise these rights.

     Second, each agency must publish notices describing all
systems of records.  The notices include a complete description
of personal-data record keeping policies, practices, and systems.
This requirement prevents the maintenance of secret record
systems.

     Third, each agency must make reasonable efforts to maintain
accurate, relevant, timely, and complete records about
individuals.  Agencies are prohibited from maintaining
information about how individuals exercise rights guaranteed by
the First Amendment to the U.S. Constitution unless maintenance
of the information is specifically authorized by statute or
relates to an authorized law enforcement activity.

     Fourth, the Act establishes rules governing the use and
disclosure of personal information.  The Act specifies that
information collected for one purpose may not be used for another
purpose without notice to or the consent of the subject of the
record.  The Act also requires that each agency keep a record of
some disclosures of personal information.

     Fifth, the Act provides legal remedies that permit an

individual to seek enforcement of the rights granted under the
Act.  In addition, federal employees who fail to comply with the
Act's provisions may be subjected to criminal penalties.


           B. The Computer Matching and Privacy Protection Act

     The Computer Matching and Privacy Protection Act of 1988
(Public Law 100-503) amended the Privacy Act by adding new
provisions regulating the use of computer matching.  Records used
during the conduct of a matching program are subject to an
additional set of requirements.

     Computer matching is the computerized comparison of
information about individuals for the purpose of determining
eligibility for federal benefit programs.  A matching program can
be subject to the requirements of the Computer Matching Act if
records from a Privacy Act system of records are used during the
program.  If federal Privacy Act records are matched against
state or local records, then the state or local matching program
can be subject to the new matching requirements.

     In general, matching programs involving federal records must
be conducted under a matching agreement between the source and
recipient agencies.  The matching agreement describes the purpose
and procedures of the matching and establishes protections for
matching records.  The agreement is subject to review and
approval by a Data Integrity Board.  Each federal agency involved
in a matching activity must establish a Data Integrity Board.

     For an individual seeking access to or correction of
records, the computer matching legislation provides no special
access rights.  If matching records are federal records, then the
access and correction provisions of the Privacy Act apply.  There
is no general right of access or correction for matching records
of state and local agencies.  It is possible that rights are
available under state or local laws.

     There is, however, a requirement that an individual be
notified of agency findings prior to the taking of any adverse
action as a result of a computer matching program.  An individual
must also be given an opportunity to contest such findings.  The
notice and opportunity-to-contest provisions apply to matching
records whether the matching was done by the federal government
or by a state or local government.  Section 7201 of Public Law
101-508 modified the due process notice requirement to permit the
use of statutory or regulatory notice periods.

     The matching provisions also require that any agency --
federal or non-federal -- involved in computer matching must
independently verify information used to take adverse action
against an individual.  This requirement was included in order to
protect individuals from arbitrary or unjustified denials of
benefits.  Independent verification includes independent
investigation and confirmation of information.  Public Law 101-
508 also modified the independent verification requirement in
circumstances in which it was unnecessary.

     Most of the provisions of the Computer Matching and Privacy
Protection Act of 1988 were originally scheduled to become
effective in July 1989.  Public Law 101-56 delayed the effective
date for most matching programs until January 1, 1990.


                       C. Locating Records

     There is no central index of federal government records
about individuals.  An individual who wants to inspect records
about himself or herself must first identify which agency has the
records.  Often, this will not be difficult.  For example, an
individual who was employed by the federal government knows that
the employing agency or the Office of Personnel Management
maintains personnel files.

     Similarly, an individual who receives veterans' benefits
will normally find relevant records at the Department of Veterans
Affairs or at the Defense Department.  Tax records are maintained
by the Internal Revenue Service, social security records by the
Social Security Administration, passport records by the State
Department, etc.


     For those who are uncertain about which agency has the
records that are needed, there are several sources of
information.  First, an individual can ask an agency that might
maintain the records.  If that agency does not have the records,
it may be able to identify the proper agency.

     Second, a government directory such as the United States
Government Manual[23] contains a complete list of all federal
agencies, a description of agency functions, and the address of
the agency and its field offices.  An agency responsible for
operating a program normally maintains the records related to
that program.

     Third, a Federal Information Center can help to identify
government agencies, their functions, and their records.  These
Centers, which are operated by the General Services
Administration, serve as clearinghouses for information about the
federal government.  There are Federal Information Centers
throughout the country.

     Fourth, every two years, the Office of the Federal Register
publishes a compilation of system of records notices for all
agencies.  These notices contain a complete description of each
record system maintained by each agency.  The compilation --
which is published in five large volumes -- is the most complete
reference for information about federal agency personal
information practices.[24]  The information that appears in the
compilation also appears sometimes in the Federal Register.[25]

     The compilation -- formally called Privacy Act Issuances --
 may be difficult to find and hard to use.  It does not contain a
comprehensive index.  Copies will be available in some federal
depository libraries and possibly in other libraries as well.
Although the compilation is the best single source of detailed
information about personal records maintained by federal
agencies, it is not necessary to consult the compilation before
making a Privacy Act request.  A requester is not required to
identify the specific system of records that contains the
information being sought.  It is sufficient to identify the
agency that has the records.  Using information provided by the
requester, the agency will determine which system of records has
the files that have been requested.

     Those who request records under the Privacy Act can help the
agency by identifying the type of records being sought.  Large
agencies maintain hundreds of different record systems.  A
request can be processed faster if the requester tells the agency
that he or she was employed by the agency, was the recipient of
benefits under an agency program, or had other specific contacts
with the agency.


               D. Making a Privacy Act Request for Access

     The fastest way to make a Privacy Act request is to identify
the specific system of records.  The request can be addressed to
the system manager.  Few people do this.  Instead, most people
address their requests to the head of the agency that has the
records or to the agency's Privacy Act Officer.  The envelope
containing the written request should be marked "Privacy Act
Request" in the bottom left-hand corner.[26]

     There are three basic elements to a request for records
under the Privacy Act.  First, the letter should state that the
request is being made under the Privacy Act.  Second, the letter
should include the name, address, and signature of the requester.
Third, the request should describe the records as specifically as
possible.  Appendix 1 includes a sample Privacy Act request
letter.

     It is a common practice for an individual seeking records
about himself or herself to make the request under both the
Privacy Act of 1974 and the Freedom of Information Act.  See the
discussion in the front of this guide about which act to use.

     A requester can describe the records by identifying a
specific system of records, by describing his or her contacts
with an agency, or by simply asking for all records about himself
or herself.  The broader and less specific a request is, the

longer it may take for an agency to respond.

     It is a good practice for a requester to describe the type
of records that he or she expects to find.  For example, an
individual seeking a copy of his service record in the Army
should state that he was in the Army and include the approximate
dates of service.  This will help the Defense Department narrow
its search to record systems that are likely to contain the
information being sought.  An individual seeking records from the
Federal Bureau of Investigation may ask that files in specific
field offices be searched in addition to the FBI's central office
files.  The FBI does not routinely search field office records
without a specific request.

     An agency will generally require a requester to provide some
proof of identity before records will be disclosed.  Agencies may
have different requirements.  Some agencies will accept a
signature; others may require a notarized signature.  If an
individual goes to the agency to inspect records, standard
personal identification may be acceptable.  More stringent
requirements may apply if the records being sought are especially
sensitive.

     An agency will inform requesters of any special
identification requirements.  Requesters who need records quickly
should first consult agency regulations or talk to the agency's
Privacy Act Officer to find out how to provide adequate
identification.

     An individual who visits an agency office to inspect a
Privacy Act record may bring along a friend or relative to review
the record.  When a requester brings another person, the agency
may ask the requester to sign a written statement authorizing
discussion of the record in the presence of that person.

     It is a crime to knowingly and willfully request or obtain
records under the Privacy Act under false pretenses.  A request
for access under the Privacy Act can only be made by the subject
of the record.  An individual cannot make a request under the
Privacy Act for a record about another person.  The only
exception is for a parent or legal guardian who can request
records for a minor or a person who has been declared
incompetent.

                               E. Fees

     Under the Privacy Act, fees can only be charged for the cost
of copying records.  No fees may be charged for the time it takes
to search for records or for the time it takes to review the
records to determine if any exemptions apply.  This is a major
difference from the FOIA.  Under the FOIA, fees can sometimes be
charged to recover search costs and review costs.[27]  The
different fee structure in the two laws is one reason many
requesters seeking records about themselves cite both laws.  This
minimizes allowable fees.

     Many agencies will not charge fees for making a copy of a
Privacy Act file, especially when the file is small.  If paying
the copying charges is a problem, the requester should explain in
the request letter.  An agency can waive fees under the Privacy
Act.


                  F. Requirements for Agency Responses

     Unlike the FOIA, there is no fixed time when an agency must
respond to a request for access to records under the Privacy Act.
It is good practice for an agency to acknowledge receipt of a
Privacy Act request within ten days and to provide the requested
records within thirty days.

     At many agencies, FOIA and Privacy Act requests are
processed by the same personnel.  When there is a backlog of
requests, it takes longer to receive a response.  As a practical
matter, there is little that a requester can do when an agency
response is delayed.  Requesters should be patient.

     Agencies generally process requests in the order in which
they were received.  Some agencies will expedite the processing
of urgent requests.  Anyone with a pressing need for records
should consult with the agency Privacy Act officer about how to
ask for expedited treatment of requests.


         G. Reasons Access May Be Denied Under the Privacy Act


     Not all records about an individual must be disclosed under
the Privacy Act.  Some records may be withheld to protect
important government interests such as national security or law
enforcement.

     The Privacy Act exemptions are different than the exemptions
of the FOIA.  Under the FOIA, any record may be withheld from
disclosure if it contains exempt information when a request is
received.  The decision to apply an FOIA exemption is made only
after a request has been made.  In contrast, Privacy Act
exemptions apply not to a record but to a system of records.
Before an agency can apply a Privacy Act exemption, the agency
must first issue a regulation stating that there may be exempt
records in that system of records.

     Without reviewing system notices or agency regulations, it
is hard to tell whether particular Privacy Act records are exempt
from disclosure.  However, it is a safe assumption that any
system of records that qualifies for an exemption has been
exempted by the agency.

     Since most record systems are not exempt, the exemptions are
not relevant to most requests.  Also, agencies do not always rely
upon available Privacy Act exemptions unless there is a specific
reason to do so.  Thus, some records that could be withheld will
nevertheless be disclosed upon request.

     Because Privacy Act exemptions are complex and used
infrequently, most requesters need not worry about them.  The
exemptions are discussed here for those interested in the Act's
details and for reference when an agency withholds records.
Anyone needing more information about the Privacy Act's
exemptions can begin by reading the relevant sections of the Act.
The complete text of the Act is reprinted in an appendix to this
guide.[28]

     The Privacy Act's exemptions differ from those of the FOIA
in another important way.  The FOIA is mostly a disclosure law.
Information exempt under the FOIA is exempt from disclosure only.
The Privacy Act, however, imposes many separate requirements on
personal records.  Some systems of records are exempt from the
disclosure requirements, but no system is exempt from all Privacy
Act requirements.

     For example, no system of records is ever exempt from the
requirement that a description of the system be published.  No
system of records can be exempted from the limitations on
disclosure of the records outside of the agency.  No system is
exempt from the requirement to maintain an accounting for
disclosures.  No system is exempt from the restriction against
the maintenance of unauthorized information on the exercise of
First Amendment rights.  All systems are subject to the
requirement that reasonable efforts be taken to assure that
records disclosed outside the agency be accurate, complete,
timely, and relevant.  Each agency must maintain proper
administrative controls and security for all systems.  Finally,
the Privacy Act's criminal penalties remain fully applicable to
each system of records.

     1. General Exemptions

     There are two general exemptions under the Privacy Act.  The
first applies to all records maintained by the Central
Intelligence Agency.  The second applies to selected records
maintained by an agency or component whose principal function is
any activity pertaining to criminal law enforcement.  Records of
criminal law enforcement agencies can be exempt under the Privacy
Act if the records consist of (A) information compiled to
identify individual criminal offenders and which consists only of
identifying data and notations of arrests, the nature and
disposition of criminal charges, sentencing, confinement,
release, and parole and probation status; (B) criminal
investigatory records associated with an identifiable individual;
or (C) reports identifiable to a particular individual compiled
at any stage from arrest through release from supervision.

     Systems of records subject to the general exemptions may be
exempted from many of the Privacy Act's requirements.  Exemption

from the Act's access and correction provisions is the most
important.  An individual has no right under the Privacy Act to
ask for a copy of or to seek correction of a record subject to
the general exemptions.

     In practice, these exemptions are not as expansive as they
sound.  Most agencies that have exempt records will accept and
process Privacy Act requests.  The records will be reviewed on a
case-by-case basis.  Agencies will often disclose any information
that does not require protection.  Agencies also tend to follow a
similar policy for requests for correction.

     Individuals interested in obtaining records from the Central
Intelligence Agency or from law enforcement agencies should not
be discouraged from making requests for access.  Even if the
Privacy Act access exemption is applied, portions of the record
may still be disclosable under the FOIA.  This is a primary
reason individuals should cite both the Privacy Act and the FOIA
when requesting records.

     The general exemption from access does prevent requesters
from filing a lawsuit under the Privacy Act when access is
denied.  The right to sue under the FOIA is not changed because
of a Privacy Act exemption.


     2. Specific Exemptions

     There are seven specific Privacy Act exemptions that can be
applied to systems of records.  Records subject to these
exemptions are not exempt from as many of the Act's requirements
as are the records subject to the general exemptions.  However,
records exempt under the specific exemptions are likely to be
exempt from the Privacy Act's access and correction provisions.
Nevertheless, since the access and correction exemptions are not
always applied when available, those seeking records should not
be discouraged from making a request.  Also, the FOIA can be used
to seek access to records exempt under the Privacy Act.

     The first specific exemption covers record systems
containing information properly classified in the interest of
national defense or foreign policy.   Classified information is
also exempt from disclosure under the FOIA and will normally be
unavailable under either the FOIA and Privacy Acts.

     The second specific exemption applies to systems of records
containing investigatory material compiled for law enforcement
purposes other than material covered by the general law
enforcement exemption.  The specific law enforcement exemption is
limited when -- as a result of the maintenance of the records --
 an individual is denied any right, privilege, or benefit to
which he or she would be entitled by federal law or for which he
or she would otherwise be entitled.  In such a case, disclosure
is required except where disclosure would reveal the identity of
a confidential source who furnished information to the government
under an express promise that the identity of the source would be
held in confidence.  If the information was collected from a
confidential source before the effective date of the Privacy Act
(September 27, 1975), an implied promise of confidentiality is
sufficient to permit withholding of the identity of the
source.[29]

     The third specific exemption applies to systems of records
maintained in connection with providing protective services to
the President of the United States or other individuals who
receive protection from the Secret Service.

     The fourth specific exemption applies to systems of records
required by statute to be maintained and used solely as
statistical records.

     The fifth specific exemption covers investigatory material
compiled solely to determine suitability, eligibility, or
qualifications for federal civilian employment, military service,
federal contracts, or access to classified information.  However,
this exemption applies only to the extent that disclosure of
information would reveal the identity of a confidential source
who provided the information under a promise of confidentiality.

     The sixth specific exemption applies to systems of records

that contain testing or examination material used solely to
determine individual qualifications for appointment or promotion
in federal service, but only when disclosure would compromise the
objectivity or fairness of the testing or examination process.
Effectively, this exemption permits withholding of questions used
in employment tests.

     The seventh specific exemption covers evaluation material
used to determine potential for promotion in the armed services.
The material is only exempt to the extent that disclosure would
reveal the identity of a confidential source who provided the
information under a promise of confidentiality.

     3. Medical Records

     Medical records maintained by federal agencies -- for
example, records at Veterans Administration hospitals -- are not
formally exempt from the Privacy Act's access provisions.
However, the Privacy Act authorizes a special procedure for
medical records that operates, at least in part, like an
exemption.

     Agencies may deny individuals direct access to medical
records, including psychological records, if the agency deems it
necessary.  An agency normally reviews medical records requested
by an individual.  If the agency determines that direct
disclosure is unwise, it can arrange for disclosure to a
physician selected by the individual or possibly to another
person chosen by the individual.

     4. Litigation Records

     The Privacy Act's access provisions include a general
limitation on access to litigation records.  The Act does not
require an agency to disclose to an individual any information
compiled in reasonable anticipation of a civil action or
proceeding.  This limitation operates like an exemption, although
there is no requirement that the exemption be applied by
regulation to a system of records before it can be used.


       H. Administrative Appeal Procedures For Denial of Access

     Unlike the FOIA, the Privacy Act does not provide for an
administrative appeal of the denial of access.  However, many
agencies have established procedures that will allow Privacy Act
requesters to appeal a denial of access without going to court.
An administrative appeal is often allowed under the Privacy Act,
even though it is not required, because many individuals cite
both the FOIA and Privacy Act when making a request.  The FOIA
provides specifically for an administrative appeal, and agencies
are required to consider an appeal under the FOIA.

     When a Privacy Act request for access is denied, agencies
usually inform the requester of any appeal rights that are
available.  If no information on appeal rights is included in the
denial letter, the requester should ask the Privacy Act Officer.
Unless an agency has established an alternative procedure, it is
possible that an appeal filed directly with the head of the
agency will be considered by the agency.

     When a request for access is denied under the Privacy Act,
the agency explains the reason for the denial.  The explanation
must name the system of records and explain which exemption is
applicable to the system.  An appeal may be made on the basis
that the record is not exempt, that the system of records has not
been properly exempted, or that the record is exempt but no harm
to an important interest will result if the record is disclosed.

     There are three basic elements to a Privacy Act appeal
letter.  First, the letter should state that the appeal is being
made under the Privacy Act of 1974.  If the FOIA was cited when
the request for access was made, the letter should state that the
appeal is also being made under the FOIA.  This is important
because the FOIA grants requesters statutory appeal rights.

     Second, a Privacy Act appeal letter should identify the
denial that is being appealed and the records that were withheld.
The appeal letter should also explain why the denial of access
was improper or unnecessary.

     Third, the appeal should include the requester's name and

address.  It is a good practice for a requester to also include a
telephone number when making an appeal.

     Appendix 1 includes a sample letter of appeal.


              I. Amending Records Under the Privacy Act

     The Privacy Act grants an important right in addition to the
ability to inspect records.  The Act permits an individual to
request a correction of a record that is not accurate, relevant,
timely, or complete.  This remedy allows an individual to correct
errors and to prevent incorrect information from being
disseminated by the agency or used unfairly against the
individual.

     The right to seek a correction extends only to records
subject to the Privacy Act.  Also, an individual can only correct
errors contained in a record that pertains to himself or herself.
 Records disclosed under the FOIA cannot be amended through the
Privacy Act unless the records are also subject to the Privacy
Act.  Records about unrelated events or about other people cannot
be amended unless the records are in a Privacy Act file
maintained under the name of the individual who is seeking to
make the correction.

     A request to amend a record should be in writing.  Agency
regulations explain the procedure in greater detail, but the
process is not complicated.  A letter requesting an amendment of
a record will normally be addressed to the Privacy Act officer of
the agency or to the agency official responsible for the
maintenance of the record system containing the erroneous
information.  The envelope containing the request should be
marked "Privacy Act Amendment Request" on the lower left corner.

     There are five basic elements to a request for amending a
Privacy Act record.

     First, the letter should state that it is a request to amend
a record under the Privacy Act of 1974.

     Second, the request should identify the specific record and
the specific information in the record for which an amendment is
being sought.

     Third, the request should state why the information is not
accurate, relevant, timely, or complete.  Supporting evidence may
be included with the request.

     Fourth, the request should state what new or additional
information, if any, should be included in place of the erroneous
information.  Evidence of the validity of the new or additional
information should be included.  If the information in the file
is wrong and needs to be removed rather than supplemented or
corrected, the request should make this clear.

     Fifth, the request should include the name and address of
the requester.  It is a good idea for a requester to include a
telephone number.

     Appendix 1 includes a sample letter requesting amendment of
a Privacy Act record.


            J. Appeals and Requirements For Agency Responses

     An agency that receives a request for amendment under the
Privacy Act must acknowledge receipt of the request within ten
days (not including Saturdays, Sundays, and legal holidays).  The
agency must promptly rule on the request.

     The agency may make the amendment requested.  If so, the
agency must notify any person or agency to which the record had
previously been disclosed of the correction.

     If the agency refuses to make the change requested, the
agency must inform the requester of:  (1) the agency's refusal to
amend the record; (2) the reason for refusing to amend the
request; and (3) the procedures for requesting a review of the
denial.  The agency must provide the name and business address of
the official responsible for conducting the review.

     An agency must decide an appeal of a denial of a request for
amendment within thirty days (excluding Saturdays, Sundays, and
legal holidays), unless the time period is extended by the agency
for good cause.  If the appeal is granted, the record will be
corrected.

     If the appeal is denied, the agency must inform the
requester of the right to judicial review.  In addition, a
requester whose appeal has been denied also has the right to

place in the agency file a concise statement of disagreement with
the information that was the subject of the request for
amendment.

     When a statement of disagreement has been filed and an
agency is disclosing the disputed information, the agency must
mark the information and provide copies of the statement of
disagreement.  The agency may also include a concise statement of
its reasons for not making the requested amendments.  The agency
must also give a copy of the statement of disagreement to any
person or agency to whom the record had previously been
disclosed.


                   K. Filing a Judicial Appeal

     The Privacy Act provides a civil remedy whenever an agency
denies access to a record or refuses to amend a record.  An
individual may sue an agency if the agency fails to maintain
records with accuracy, relevance, timeliness, and completeness as
is necessary to assure fairness in any agency determination and
the agency makes a determination that is adverse to the
individual.  An individual may also sue an agency if the agency
fails to comply with any other Privacy Act provision in a manner
that has an adverse effect on the individual.

     The Privacy Act protects a wide range of rights about
personal records maintained by federal agencies.  The most
important are the right to inspect records and the right to seek
correction of records.  Other rights have also been mentioned
here, and still others can be found in the text of the Act.  Most
of these rights can become the subject of litigation.

     An individual may file a lawsuit against an agency in the
federal district court in which the individual lives, in which
the records are situated, or in the District of Columbia.  A
lawsuit must be filed within two years from the date on which the
basis for the lawsuit arose.

     Most individuals require the assistance of an attorney to
file a judicial appeal.  An individual who files a lawsuit and
substantially prevails may be awarded reasonable attorney fees
and litigation costs reasonably incurred.  Some requesters may be
able to handle their own appeal without an attorney.  Since this
is not a litigation guide, details about the judicial appeal
process have not been included.  Anyone considering filing an
appeal can begin by reviewing the provisions of the Privacy Act
on civil remedies.[30]



                                NOTES

1. A Citizen's Guide on How to Use the Freedom of Information Act
and the Privacy Act in Requesting Government Documents, House
Report No. 95-796, 95th Cong., 1st Sess. (1977).

2. A Citizen's Guide on Using the Freedom of Information Act and
the Privacy Act of 1974 To Request Government Records, House
Report No. 100-199, 100th Cong., 1st Sess. (1987)

3. Public Law 100-503.

4. A Citizen's Guide on Using the Freedom of Information Act and
the Privacy Act of 1974 To Request Government Records, House
Report No. 101-193, 101st Cong., 1st Sess. (1989).

5. A Citizen's Guide on Using the Freedom of Information Act and
the Privacy Act of 1974 To Request Government Records, House
Report No. 102-146, 102d Cong., 1st Sess. (1991).

6. Letter to W.T. Barry, August 4, 1822, in G.P. Hunt, ed., IX
The Writings of James Madison 103 (1910).  The Committee wishes
to acknowledge the assistance of Harold C. Relyea, Specialist,
American National Government, Government Division, Congressional
Research Service, in the preparation of this report.

7. This Guide is primarily intended to help the general public.
It includes a complete explanation of the basics of the two laws.
In the interest of producing a guide that would be both simple
and useful to the intended audience, the Committee deliberately
avoided addressing some of the issues that are highly
controversial.  The Committee cautions against treating the
neutrally written descriptions contained in this report as
definitive expressions of the Committee's views of the law or
congressional intent.
      The Committee has expressed its views on some of these

issues in other reports.  See, for example, Security
Classification Policy and Executive Order 12356, House Report No.
97-731, 97th Cong., 2d Sess. (1982); Who Cares About Privacy?
Oversight of the Privacy Act of 1974 by the Office of Management
and Budget and by the Congress, House Report 98-455, 98th Cong.,
1st Sess.(1983); Electronic Collection and Dissemination of
Information by Federal Agencies:  A Policy Overview, House Report
99-560, 99th Cong., 2d Sess. (1986); Freedom of Information Act
Amendments of 1986, House Report 99-832, 99th Cong., 2d Sess.
(1986) (report to accompany H.R. 4862).  The latter report is a
legislative report for a bill reforming the business procedures
of the FOIA.  The bill did not become law.  The 1986 amendments
to the FOIA were made by the Freedom of Information Reform Act of
1986, Public Law 99-570.  There were no committee reports in
either House or Senate accompanying the Freedom of Information
Reform Act.

8. See, e.g., U.S. Department of Justice, Freedom of Information
Case List (published annually).

9. The Presidential Records Act of 1978, 44 U.S.C. ?2201-2207
(1982), does make the documentary materials of former Presidents
subject to the FOIA in part.  Presidential papers and documents
generated after January 20, 1981, will be available -- subject to
certain restrictions and delays -- under the general framework of
the FOIA.

10. Virtually all official records of the Congress are available
to the public.  The Congressional Record, all bills introduced in
the House and the Senate, and all committee reports (except for
those containing classified information) are printed and
disseminated.  Most committee hearings are also printed and
available.  Copies of most congressional publications are
available at federal depository libraries throughout the county.
Historical records of the Congress are made available in
accordance with procedures established by House and Senate rules.

     In addition, almost all activities of the Congress take
place in public.  The sessions of the House and Senate are
normally open to the public and televised.  Most committee
hearings and markups are open to the public, and some are
televised.

11. See, e.g., the Federal Fair Credit Reporting Act, 15 U.S.C.
?1681 et seq. (1982) (providing for access to files of credit
bureaus); the Federal Family Educational Rights and Privacy Act
of 1974, 20 U.S.C. ?1232g (1982) (providing for access to records
maintained by schools and colleges).  Some states have enacted
laws allowing individuals to have access to personnel records
maintained by employers.  See, e.g., Michigan Compiled Laws
Annotated ?423.501.

12. When records are maintained in a computer, an agency is
required to retrieve information in response to an FOIA request.
The process of retrieving the information may result in the
creation of a new document when the data is printed out on paper
or written on computer tape or disk.  Since this may be the only
way computerized data can be disclosed, agencies are required to
provide the data even if it means a new document must be created.

13. The United States Government Manual is sold by the
Superintendent of Documents of the U.S. Government Printing
Office.  Virtually every public library should have a copy on its
shelves.

14. All agencies have issued FOIA regulations that describe the
request process in greater detail.  For example,  large agencies
may have several components each of which has its own FOIA rules.
A requester who can find agency FOIA regulations in the Code of
Federal Regulations (available in many libraries) might find it
useful to check these regulations before making a request.   A
requester who follows the agency's specific procedures may
receive a faster response.  However, the simple procedures
suggested in this guide will be adequate to meet the minimum
requirements for an FOIA request.

15. Agencies that take more than ten days to respond to a request
do not always notify each requester that an extension has been

invoked.

16. At the time that this guide was prepared, the current
Executive Order on Security Classification was E.O. 12356 which
was promulgated by President Reagan on April 2, 1982.  The text
of the order can be found at 47 Federal Register 14874-84  (April
6, 1982).  The rules for mandatory review for declassification
are in Section 3.4 of the Executive Order.

17. 26 U.S.C. ?6103 (1982).

18. 13 U.S.C. ?9 (1982).

19. See Predisclosure Notification Procedures for Confidential
Commercial Information, Executive Order 12600 (June 23, 1987).

20. Agency FOIA regulations will normally describe the appeal
procedures and requirements with more specificity.  At some
agencies, decisions on FOIA appeals have been delegated to other
agency officials.  Requesters who have an opportunity to review
agency regulations in the Code of Federal Regulations (available
in many libraries) may be able to speed up the processing of the
appeal.  However, following the simple procedures described in
this Guide will be sufficient to maintain a proper appeal.

21. More information on judicial review under the FOIA and
Privacy Act can be found in Adler, Litigation Under the Federal
Freedom of Information Act and Privacy Act (American Civil
Liberties Union Foundation) (published annually).

22. The Privacy Act applies to some records that are not
maintained by an agency.  Subsection (m) of the Act provides
that, when an agency provides by contract for the operation of a
system of records on its behalf, the requirements of the Privacy
Act apply to those records.  As a result, some records maintained
outside of a federal agency are subject to the Privacy Act.
Descriptions of these systems are published in the Federal
Register.  However, most records maintained outside of federal
agencies are not subject to the Privacy Act.

23. The United States Government Manual is sold by the
Superintendent of Documents of the U.S. Government Printing
Office.  Virtually every public library should have a copy.

24. Each system notice contains the name of the system; its
location; the categories of individuals covered by the system;
the categories of records in the system; the legal authority for
maintenance of the system; the routine disclosures that may be
made for records in the system; the policies and practices of
storing, retrieving, accessing, retaining, and disposing of
records; the name and address of the manager of the system;
procedures for requesting access to the records; procedures for
requesting correction or amendment of the records; the source of
the information in the system; and a description of any
disclosure exemptions that may be applied to the records in the
system.

25. Agencies are required to publish in the Federal Register a
description of each system of records when the system is
established or amended.  In the past, agencies were required to
publish an annual compilation in the Federal Register, but that
requirement was eliminated in 1982.  As a result, for most
agencies it will be difficult to find a complete list of all
systems of records in the Federal Register.  Some agencies do,
however, reprint all system notices from time to time.  An
agency's Privacy Act officer may be able to provide more
information about the agency's publication practices.

26. All agencies have Privacy Act regulations that describe the
request process in greater detail.  Large agencies may have
several components, each of which has its own Privacy Act rules.
Requesters who can find agency Privacy Act regulations in the
Code of Federal Regulations (available in many libraries) might
read these regulations before making a request.  A requester who
follows the agency's specific procedures may receive a faster
response.  However, the simple procedures suggested in this guide
are  adequate to meet the minimum statutory requirements for a
Privacy Act request.

27. An individual seeking records about himself or herself under
the FOIA should not be charged review charges.  The only charges

applicable under the FOIA are search and copy charges.

28. In 1975, the Office of Management and Budget issued guidance
to federal agencies on the Privacy Act of 1974.  Those guidelines
are a good source of commentary and explanation for many of the
provisions of the Act.  The OMB guidelines can be found at 40
Federal Register 28948 (July 9, 1975).

29. This distinction between express and implied promises of
confidentiality is repeated throughout the specific exemptions of
the Privacy Act.

30. See note 21.

                                *****


             APPENDIX 1:  SAMPLE REQUEST AND APPEAL LETTERS

              A. Freedom of Information Act Request Letter

Agency Head [or Freedom of Information Act Officer]
Name of Agency
Address of Agency
City, State, Zip Code

Re:  Freedom of Information Act Request

Dear     :

     This is a request under the Freedom of Information Act.

     I request that a copy of the following documents [or
documents containing the following information] be provided to
me:  [identify the documents or information as specifically as
possible].

     In order to help to determine my status to assess fees, you
should know that I am (insert a suitable description of the
requester and the purpose of the request).

          [Sample requester descriptions:

     a representative of the news media affiliated with the
___________ newspaper (magazine, television station, etc.), and
this request is made as part of news gathering and not for a
commercial use.

     affiliated with an educational or noncommercial scientific
institution, and this request is made for a scholarly or
scientific purpose and not for a commercial use.

     an individual seeking information for personal use and not
for a commercial use.

     affiliated with a private corporation and am seeking
information for use in the company's business.]

     [Optional] I am willing to pay fees for this request up to a
maximum of $_____.  If you estimate that the fees will exceed
this limit, please inform me first.

     [Optional] I request a waiver of all fees for this request.
Disclosure of the requested information to me 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 my commercial interest.
[Include a specific explanation.]

     Thank you for your consideration of this request.

                                   Sincerely,



                                   Name
                                   Address
                                   City, State, Zip Code
                                   Telephone number [Optional]



              B. Freedom of Information Act Appeal Letter

Agency Head or Appeal Officer
Name of Agency
Address of Agency
City, State, Zip Code

Re:  Freedom of Information Act Appeal

Dear      :

     This is an appeal under the Freedom of Information Act.

     On (date), I requested documents under the Freedom of
Information Act.  My request was assigned the following
identification number: __________.  On (date), I received a
response to my request in a letter signed by (name of official).
I appeal the denial of my request.

     [Optional]  The documents that were withheld must be
disclosed under the FOIA because....

     [Optional]  I appeal the decision to deny my request for a
waiver of fees.  I believe that I am entitled to a waiver of
fees.  Disclosure of the documents I requested is in the public
interest because the information is likely to contribute
significantly to public understanding of the operations or
activities of government and is not primarily in my commercial
interest.  (Provide details)

     [Optional] I appeal the decision to require me to pay review
costs for this request.  I am not seeking the documents for a
commercial use.  (Provide details)

     [Optional] I appeal the decision to require me to pay search
charges for this request.  I am a reporter seeking information as

part of news gathering and not for commercial use.

     Thank you for your consideration of this appeal.

                                   Sincerely,


                                   Name
                                   Address
                                   City, State, Zip Code
                                   Telephone Number [Optional]



                C. Privacy Act Request for Access Letter

Privacy Act Officer [or System of Records Manager]
Name of Agency
Address of Agency
City, State, Zip Code

Re:  Privacy Act Request for Access

Dear        :

     This is a request under the Privacy Act of 1974.

     I request a copy of any records [or specifically named
records] about me maintained at your agency.

     [Optional] To help you to locate my records, I have had the
following contacts with your agency:  [mention job applications,
periods of employment, loans or agency programs applied for,
etc.].

     [Optional] Please consider that this request is also made
under the Freedom of Information Act.  Please provide any
additional information that may be available under the FOIA.

     [Optional] I am willing to pay fees for this request up to a
maximum of $_____.  If you estimate that the fees will exceed
this limit, please inform me first.

     [Optional] Enclosed is [a notarized signature or other
identifying document] that will verify my identity.

     Thank you for your consideration of this request.

                                   Sincerely,




                                   Name
                                   Address
                                   City, State, Zip Code
                                   Telephone number [Optional]




                   D. Privacy Act Denial of Access Appeal

Agency Head or Appeal Officer
Name of Agency
Address of Agency
City, State, Zip Code

Re:  Appeal of Denial of Privacy Act Access Request

Dear        :

     This is an appeal under the Privacy Act of the denial of my
request for access to records.

     On (date), I requested access to records under the Privacy
Act of 1974.  My request was assigned the following
identification number:  _____________.  On (date), I received a
response to my request in a letter signed by (name of official).
I appeal the denial of my request.

     [Optional] The records that were withheld should be
disclosed to me because .....

     [Optional] Please consider that this appeal is also made
under the Freedom of Information Act.  Please provide any
additional information that may be available under the FOIA.

     Thank you for your consideration of this appeal.

                                   Sincerely,




                                   Name
                                   Address
                                   City, State, Zip Code
                                   Telephone Number [Optional]





                E. Privacy Act Request to Amend Records

Privacy Act Officer [or System of Records Manager]
Name of Agency
Address of Agency
City, State, Zip Code


Re:  Privacy Act Request to Amend Records

Dear       :

     This is a request under the Privacy Act to amend records
about myself maintained by your agency.

     I believe that the following information is not correct:
[Describe the incorrect information as specifically as possible].

     The information is not (accurate) (relevant) (timely)
(complete) because ....

     [Optional] Enclosed are copies of documents that show that
the information is incorrect.

     I request that the information be [deleted] [changed to
read:].

     Thank you for your consideration of this request.

                                   Sincerely,



                                   Name
                                   Address
                                   City, State, Zip Code
                                   Telephone Number [Optional]





                F. Privacy Act Appeal of Refusal to Amend Records

Agency Head or Appeal Officer

Name of Agency
Address of Agency
City, State, Zip Code

Re: Privacy Act Appeal of Refusal to Amend Records

Dear      :

     This is an appeal under the Privacy Act of the refusal of
your agency to amend records as I requested.

     On (date), I requested that records about me be amended. My
request was assigned the following identification number _______.
On (date), I was informed by (name of official) that my request
was rejected.  I appeal the rejection of my request.

     The rejection of my request for amendment was wrong because
.....

     [Optional] I enclose additional evidence that shows that the
records are incorrect and that the amendment I requested is
appropriate.

     Thank you for your consideration of this appeal.

                                   Sincerely,



                                   Name
                                   Address
                                   City, State, Zip Code
                                   Telephone Number [Optional]


                               *****


       APPENDIX 2:  BIBLIOGRAPHY OF CONGRESSIONAL PUBLICATIONS ON
                    THE FREEDOM OF INFORMATION ACT

        CONGRESSIONAL HEARINGS, REPORTS, DOCUMENTS, AND PRINTS

             (LISTED CHRONOLOGICALLY BY PUBLICATION DATE)


     Note on availability:  Most of these publications are out of
print.  Copies of all congressional publications should be
available at Federal Depository Libraries located throughout the
country.

1964

     Senate Committee on the Judiciary.  Clarifying and
Protecting the Right of the Public to Information and for Other
Purposes.  S. Rept. 1219, 88th Congress, 2d Session.  1964.

     Senate Committee on the Judiciary.  Freedom of Information.
Hearings, 98th Congress, 1st Session.  1964.


1965

     House Committee on Government Operations.  Federal Public
Records Law.  Hearings, 89th Congress, 2d Session.  1965.

     Senate Committee on the Judiciary.  Administrative Procedure
Act.  Hearings, 89th Congress, 1st Session.  1965.

     Senate Committee on the Judiciary.  Clarifying and
Protecting the Right of the Public to Information, and for Other
Purposes.  S. Rept. 813, 89th Congress, 1st Session.  1965.


1966

     House Committee on Government Operations.  Clarifying and
Protecting the Right of the Public to Information.  H. Rept.
1497, 89th Congress, 2d Session.  1966.


1967

     House Committee on the Judiciary.  Codification of Public
Law 89-487.  H. Rept. 125, 90th Congress, 1st Session.  1967.

     Senate Committee on the Judiciary.  Amending Section 552 of
Title 5, United States Code.  S. Rept. 248, 90th Congress, 1st
Session.  1967.

1968

     House Committee on Government Operations.  Freedom of
Information Act (Compilation and Analysis of Departmental
Regulations Implementing 5 U.S.C. 552).  Committee print, 90th
Congress, 2d Session.  1968.

     Senate Committee on the Judiciary.  The Freedom of
Information Act (Ten Months Review).  Committee print, 90th
Congress, 2d Session.  1968.


1972

     House Committee on Government Operations.  Administration of
the Freedom of Information Act.  H. Rept. 92-1419, 92nd Congress,
2d Session.  1972.

     House Committee on Government Operations.  Sale or
Distribution of Mailing Lists By Federal Agencies.  Hearings,
92nd Congress, 2d Session.  1972.

     House Committee on Government Operations.  U.S. Government
Information Policies and Practices-Administration and Operation
of the Freedom of Information Act.  (Parts  4-6).  Hearings, 92nd
Congress, 2d Session.  1972.

     House Committee on Government Operations.  U.S. Government
Information Policies and Practices-Security Classification
Problems Involving Subsection (b)(1) of the Freedom of
Information Act.  (Part 7).  Hearings, 92nd Congress, 2d Session.
1972.


1973

     House Committee on Government Operations.  Availability of
Information to Congress.  Hearings, 93rd Congress, 1st Session.
1973.

     House Committee on Government Operations.  Executive

Classification of Information-Security Classification Problems
Involving Exemption (b)(1) of the Freedom of Information Act (5
U.S.C. 552).  H. Rept. 93-221, 93rd Congress, 1st Session.  1973.

     House Committee on Government Operations.  The Freedom of
Information Act.  Hearings, 93rd Congress, 1st Session.  1973.

     Senate Committee on Government Operations and Committee on
the Judiciary.  Executive Privilege, Secrecy in Government,
Freedom of Information.  Hearings, 93rd Congress, 1st Session.
1973.


1974

     House Committee on Government Operations.  Amending Section
552 of Title 5, United States Code, Known as the Freedom of
Information Act.  H. Rept. 93-876, 93rd Congress, 2d Session.
1974.

     House Committee on Government Operations.  Amending the
Freedom of Information Act to Require that Information Be Made
Available to Congress.  H. Rept. 93-990, 93rd Congress, 2d
Session.  1974.

     House Committee on Government Operations.  Security
Classification Reform.  Hearings, 93rd Congress, 2d Session.
1974.

     House of Representatives.  Message from the President of the
United States.  Vetoing H.R. 12471, Amend Freedom of Information
Act.  H. Doc. 93-383, 93rd Congress, 2d Session.  1974.

     House/Senate Committee of Conference.  Freedom of
Information Act Amendments.  H. Rept. 93-1380 or S. Rept. 93-
1200, 93rd Congress, 2d Session.  1974.

     Senate Committee on the Judiciary.  Amending the Freedom of
Information Act.  S. Rept. 93-854, 93rd Congress, 2d Session.
1974.

     Senate Committee on the Judiciary.  Freedom of Information
Act Source Book: Legislative Materials, Cases, Articles.  S. Doc.
93-82, 93rd Congress, 2d Session.  1974.


1975

     House Committee on Government Operations and Senate
Committee on the Judiciary.  Freedom of Information Act and
Amendments of 1974 (P.L. 93-502).  Source Book: Legislative
History, Texts, and Other Documents.  Joint committee print, 94th
Congress, 1st Session.  1975.


1977

     House Committee on Government Operations.  Business Record
Exemption of the Freedom of Information Act.  Hearings, 95th
Congress, 1st Session.  1977.

     Senate Committee on the Judiciary.  Freedom of Information
Act.  Hearings, 95th Congress, 1st Session.  1977.


1978

     House Committee on Government Operations.  FBI Compliance
with the Freedom of Information Act.  Hearing, 95th Congress, 2d
Session.  1978.

     House Committee on Government Operations.  Freedom of
Information Act Requests for Business Data and Reverse-FOIA
Lawsuits.  H. Rept. 95-1382, 95th Congress, 2d Session.  1978.

     Senate Committee on the Judiciary.  The Erosion of Law
Enforcement Intelligence and Its Impact on the Public Security.
Committee print, 95th Congress, 2d Session.  1978.

     Senate Committee on the Judiciary.  The Erosion of Law
Enforcement Intelligence and Its Impact on the Public Security.
Hearings, 95th Congress, 1st and 2d Sessions.  1977-1978.


1979

     House Committee on Government Operations.  Security
Classification Exemption to the Freedom of Information Act.
Hearing, 95th Congress, 1st Session.  1979.


1980

     House Permanent Select Committee on Intelligence.  Impact of
the Freedom of Information Act and the Privacy Act on
Intelligence Activities.  Hearing, 96th Congress, 1st Session.
1980.

     Senate Committee on Governmental Affairs.  Oversight of the
Administration of the Federal Freedom of Information Act.
Hearings, 96th Congress, 2d Session.  1980.

     Senate Committee on the Judiciary.  Agency Implementation of
the 1974 Amendments to the Freedom of Information Act.  Committee
print, 95th Congress, 2d Session.  1980.


1981

     House Committee on Government Operations.  Freedom of
Information Act Oversight.  Hearings, 97th Congress, 1st Session.
1981.

     House Committee on Government Operations.  The Freedom of
Information Act: Central Intelligence Agency Exemptions.
Hearings, 96th Congress, 2d Session.
1981.

     House Committee on Government Operations.  The Freedom of

Information Act: Federal Law Enforcement Implementation.
Hearing, 96th Congress, 1st Session.
1981.


1982

     Senate Committee on the Judiciary.  Freedom of Information
Act.  Hearings, 97th Congress, 1st Session.  1982.

     Senate Committee on the Judiciary.  The Freedom of
Information Reform Act.  S. Rept. 97-690, 97th Congress, 2d
Session.  1982.


1983

     Senate Committee on the Judiciary.  Freedom of Information
Reform Act.  S. Rept. 98-221, 98th Congress, 1st Session.  1983.


1984

     Senate Committee on the Judiciary.  Freedom of Information
Reform Act.  Hearings, 98th Congress, 1st Session.  1984.


1985

     House Committee on Government Operations.  The Freedom of
Information Reform Act.  Hearings, 98th Congress, 2d Session.
1985.

     Senate Committee on the Judiciary.  Amendments to the
Freedom of Information Act.  Hearing, 98th Congress, 2d Session.
1985.


1986

     House Committee on Government Operations.  Freedom of
Information Act Amendments of 1986.  Hearing, 99th Congress, 2d
Session.  1986.

     House Committee on Government Operations.  Freedom of
Information Act Amendments of 1986.  H. Rept. 99-832, 99th
Congress, 2d Session.  1986.


1988

     House Committee on Government Operations.  FOIA: Alternate
Dispute Resolution Proposals.  Hearings, 100th Congress, 1st
Session.  1988.


1989

     Senate Committee on the Judiciary.  The Freedom of
Information Act.  Hearing, 100th Congress, 2d Session.  1989.


1990

     House Committee on Government Operations.  Federal
Information Dissemination Policies and Practices.  Hearings,
101st Congress, 1st Session.  1990.

     House Committee on Government Operations.  Paperwork
Reduction and Federal Information Resources Management Act of
1990.  H. Rept. 101-927, 101st Congress, 2d Session.  1990.


1991

     House Committee on Government Operations, Creative Ways of
Using and Disseminating Federal Information.  Hearings, 102nd
Congress, 1st & 2d Session.  1991, 1992.


                                *****


          APPENDIX 3:  BIBLIOGRAPHY OF CONGRESSIONAL PUBLICATIONS
                                 ON
                       THE PRIVACY ACT OF 1974

           CONGRESSIONAL HEARINGS, REPORTS, DOCUMENTS, AND PRINTS

               (LISTED CHRONOLOGICALLY BY PUBLICATION DATE)

     Note on availability:  Most of these publications are out of
print.  Copies of all congressional publications should be
available at Federal Depository Libraries located throughout the
country.

1972

     House Committee on Government Operations.  Records
Maintained By Government Agencies.  Hearings, 92nd Congress, 2d
Session.  1972.


1974

     House Committee on Government Operations.  Access to
Records.  Hearings, 93rd Congress, 2d Session.  1974.

     House Committee on Government Operations.  Federal
Information Systems and Plans-Federal Use and Development of
Advanced Information Technology.  Hearings, 93rd Congress, 1st
and 2d Sessions.  1973-1974.

     House Committee on Government Operations.  Privacy Act of
1974.  H. Rept. 93-1416, 93rd Congress, 2d Session.  1974.

     Senate Committee on Government Operations.  Protecting
Individual Privacy in Federal Gathering, Use and Disclosure of
Information.  S. Rept. 93-1183, 93rd Congress, 2d Session.  1974.

     Senate Committee on Government Operations.  Materials
Pertaining to S. 3418 and Protecting Individual Privacy in
Federal Gathering, Use and Disclosure of Information.  Committee
print, 93rd Congress, 2d Session.  1974.

     Senate Committee on Government Operations and Committee on
the Judiciary.  Privacy: The Collection, Use, and Computerization
of Personal Data.  Joint hearings, 93rd Congress, 2d Session.
1974.

     Senate Committee on the Judiciary.  Federal Data Banks and
Constitutional Rights.  [Summary.]  Committee print, 93rd
Congress, 2d Session.  1974.

     Senate Committee on the Judiciary.  Federal Data Banks and
Constitutional Rights.  Committee print, 93rd Congress, 2d

Session.  1974.  6 v.


1975

     House Committee on Government Operations.  Central
Intelligence Agency Exemption in the Privacy Act of 1974.
Hearings, 94th Congress, 1st Session.  1975.

     House Committee on Government Operations.  Implementation of
the Privacy Act of 1974: Data Banks.  Hearing, 94th Congress, 1st
Session.  1975.


1976

     House Committee on Government Operations.  Notification to
Victims of Improper Intelligence Agency Activities.  Hearings,
94th Congress, 2d Session.  1976.

     Senate Committee on Government Operations and House
Committee on Government Operations.  Legislative History of the
Privacy Act of 1974, S. 3418 (Public Law 93-579): Source Book on
Privacy.  Joint committee print, 94th Congress, 2d Session.
1976.


1977

     Senate Committee on Governmental Affairs and House Committee
on Government Operations.  Final Report of the Privacy Protection
Study Commission.  Joint hearing, 95th Congress, 1st Session.
1977.


1978

     House Committee on Government Operations.  Privacy and
Confidentiality Report and Final Recommendations of the
Commission on Federal Paperwork.  Hearing, 95th Congress, 1st
Session.  1978.

     House Committee on Government Operations.  Right to Privacy
Proposals of the Privacy Protection Study Commission.  Hearings,
95th Congress, 2d Session.  1978.


1980

     House Committee on Government Operations.  Federal Privacy
of Medical Information Act.  H. Rept. 96-832 Part 1, 96th
Congress, 2d Session.,  1980.

     House Committee on Government Operations.  Privacy of
Medical Records.  Hearings, 96th Congress, 1st Session.  1980.

     House Committee on Government Operations.  Public Reaction
to Privacy Issues.  Hearing, 96th Congress, 1st Session.  1980.

     House Committee on Interstate and Foreign Commerce.  Federal
Privacy of Medical Information Act.  H. Rept. 96-832 Part 2, 96th
Congress, 2d Session.  1980.

     House Committee on Ways and Means.  Description and Brief
Analysis of H.R. 5935, Federal Privacy of Medical Information
Act.  Committee print, 96th Congress, 2d Session.  1980.

     House Committee on Ways and Means.  Federal Privacy of
Medical Information Act.  Hearing, 96th Congress, 2d Session.
1980.

     House Committee on Ways and Means.  Federal Privacy of
Medical Information Act, H.R. 5935.  Committee print, 96th
Congress, 2d Session.  1980.


1981

     House Committee on Government Operations.  Confidentiality
of Insurance Records.  Hearings, 96th Congress, 1st and 2d
Sessions.  1981.

     House Committee on Government Operations.  Debt Collection
Act of 1981.  Hearing, 97th Congress, 1st Session.  1981.

     House Committee on Government Operations.  Privacy Act
Amendments.  H. Rept. 97-147 Part 1, 97th Congress, 1st Session.
1981.


1983

     House Committee on Government Operations. Oversight of the
Privacy Act of 1974.  Hearings, 98th Congress, 1st Session.
1983.

     House Committee on Government Operations.  Who Cares About
Privacy?  Oversight of the Privacy Act of 1974 by the Office of
Management and Budget and by the Congress.  H. Rept. 98-455, 98th
Congress, 1st Session.  1983.

     Senate Committee on Governmental Affairs.  Oversight of
Computer Matching to Detect Fraud and Mismanagement in Government
Programs.  Hearings, 97th Congress, 2d Session.  1983.


1984

     House Committee on Government Operations.  Privacy and 1984:
Public Opinions on Privacy Issues.  Hearing, 98th Congress, 1st
Session.  1984.


     Senate Committee on Governmental Affairs.  Computer
Matching:  Taxpayer Records.  Hearing, 98th Congress, 2d Session.
1984.

1986

     Senate Committee on Governmental Affairs.  Computer Matching
and Privacy Protection Act of 1986.  Hearing, 99th Congress, 2d
Session.  1986.


1987

     House Committee on Government Operations.  Computer Matching
and Privacy Protection Act of 1987.  Hearing, 100th Congress, 1st
Session.  1987.


1988

     House Committee on Government Operations.  Computer Matching

and Privacy Protection Act of 1988.  H. Rept. 100-802, 100th
Congress, 2d Session.  1988.


1990

     House Committee on Government Operations.  Computer Matching
and Privacy Protection Amendments of 1990.  Hearing, 101st
Congress, 2d Session.  1990.

     House Committee on Government Operations.  Computer Matching
and Privacy Protection Amendments of 1990.  H. Rept. 101-768,
101st Congress, 2d Session.  1990.

     House Committee on Government Operations.  Data Protection,
Computers, and Changing Information Practices.  Hearing, 101st
Congress, 2d Session.  1990.

1991

     House Committee on Government Operations.  Domestic and
International Data Protection Issues.  Hearing, 102nd Congress,
1st Session.  1991.


1992

     House Committee on Government Operations.  Designing Genetic
Information Policy:  The Need for an Independent Policy Review of
the Ethical, Legal, and Social Implications of the Human Genome
Project.  H. Rept. 102-478, 102nd Congress, 2d Session.  1992.



                       *****


                  APPENDIX 4:  TEXT OF THE FREEDOM OF INFORMATION ACT

                         TITLE 5, UNITED STATES CODE

                          *     *     *     *     *

                      PART I -- THE AGENCIES GENERALLY

                          *     *     *     *     *

                         CHAPTER 5 -- ADMINISTRATIVE

                          *     *     *     *     *

                     SUBCHAPTER II - ADMINISTRATIVE PROCEDURE

                          *     *     *     *     *

     Sec. 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 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 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 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.
       (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.
       (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, Sec. 402(2), Nov. 8,
     1984, 98 Stat. 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 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.
       (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

     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.

                                  SOURCE

     (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub. L. 90-23, Sec.
     1, June 5, 1967, 81 Stat. 54; Pub. L. 93-502, Sec. 1-3, Nov. 21,
     1974, 88 Stat. 1561-1564; Pub. L. 94-409, Sec. 5(b), Sept. 13,
     1976, 90 Stat. 1247; Pub. L. 95-454, title IX, Sec. 906(a)(10),
     Oct. 13, 1978, 92 Stat. 1225; Pub. L. 98-620, title IV, Sec.
     402(2), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 99-570, title I, Sec.
     1802, 1803, Oct. 27, 1986, 100 Stat. 3207-48, 3207-49.)


                         Historical and Revision Notes
                                   1966 Act
     ---------------------------------------------------------------------
     Derivation             U.S. Code              Revised Statutes and
                                                    Statutes at Large
     ---------------------------------------------------------------------
                            5 U.S.C. 1002.         June 11, 1946, ch.
                                                    324, Sec. 3, 60

                                                    Stat. 238.
                      -------------------------------
       In subsection (b)(3), the words 'formulated and' are omitted as
     surplusage.  In the last sentence of subsection (b), the words 'in
     any manner' are omitted as surplusage since the prohibition is all
     inclusive.
       Standard changes are made to conform with the definitions
     applicable and the style of this title as outlined in the preface
     to the report.

                                   1967 ACT

       Section 1 (of Pub. L. 90-23) amends section 552 of title 5,
     United States Code, to reflect Public Law 89-487.
       In subsection (a)(1)(A), the words 'employees (and in the case of
     a uniformed service, the member)' are substituted for 'officer' to
     retain the coverage of Public Law 89-487 and to conform to the
     definitions in 5 U.S.C. 2101, 2104, and 2105.
       In the last sentence of subsection (a)(2), the words 'A final
     order * * * may be relied on * * * only if' are substituted for 'No
     final order * * * may be relied upon * * * unless'; and the words
     'a party other than an agency' and 'the party' are substituted for
     'a private party' and 'the private party', respectively, on
     authority of the definition of 'private party' in 5 App. U.S.C.
     1002(g).
       In subsection (a)(3), the words 'the responsible employee, and in
     the case of a uniformed service, the responsible member' are
     substituted for 'the responsible officers' to retain the coverage
     of Public Law 89-487 and to conform to the definitions in 5 U.S.C.
     2101, 2104, and 2105.
       In subsection (a)(4), the words 'shall maintain and make
     available for public inspection a record' are substituted for
     'shall keep a record * * * and that record shall be available for
     public inspection'.
       In subsection (b)(5) and (7), the words 'a party other than an
     agency' are substituted for 'a private party' on authority of the
     definition of 'private party' in 5 App. U.S.C. 1002(g).
       In subsection (c), the words 'This section does not authorize'
     and 'This section is not authority' are substituted for 'Nothing in
     this section authorizes' and 'nor shall this section be authority',
     respectively.
       5 App. U.S.C. 1002(g), defining 'private party' to mean a party
     other than an agency, is omitted since the words 'party other than
     an agency' are substituted for the words 'private party' wherever
     they appear in revised 5 U.S.C. 552.
       5 App. U.S.C. 1002(h), prescribing the effective date, is omitted
     as unnecessary.  That effective date is prescribed by section 4 of
     this bill.
                                 CODIFICATION

       Section 552 of former Title 5, Executive Departments and
     Government Officers and Employees, was transferred to section 2243
     of Title 7, Agriculture.
                                  AMENDMENTS

       1986 - Subsec. (a)(4)(A). Pub. L. 99-570, Sec. 1803, amended
     subpar. (A) generally.  Prior to amendment, subpar. (A) read as
     follows: 'In order to carry out the provisions of this section,
     each agency shall promulgate regulations, pursuant to notice and
     receipt of public comment, specifying a uniform schedule of fees
     applicable to all constituent units of such agency.  Such fees
     shall be limited to reasonable standard charges for document search
     and duplication and provide for recovery of only the direct costs
     of such search and duplication.  Documents shall be furnished
     without charge or at a reduced charge where the agency determines
     that waiver or reduction of the fee is in the public interest
     because furnishing the information can be considered as primarily
     benefiting the general public.'
       Subsec. (b)(7). Pub. L. 99-570, Sec. 1802(a), amended par. (7)
     generally.  Prior to amendment, par. (7) read as follows:

     'investigatory records compiled for law enforcement purposes, but
     only to the extent that the production of such records would (A)
     interfere with enforcement proceedings, (B) deprive a person of a
     right to a fair trial or an impartial adjudication, (C) constitute
     an unwarranted invasion of personal privacy, (D) disclose the
     identity of a confidential source and, in the case of a record
     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, confidential
     information furnished only by the confidential source, (E) disclose
     investigative techniques and procedures, or (F) endanger the life
     or physical safety of law enforcement personnel;'.
       Subsecs. (c) to (f). Pub. L. 99-570, Sec. 1802(b), added subsec.
     (c) and redesignated former subsecs. (c) to (e) as (d) to (f),
     respectively.
       1984 - Subsec. (a)(4)(D). Pub. L. 98-620 repealed subpar. (D)
     which provided for precedence on the docket and expeditious
     disposition of district court proceedings authorized by subsec.
     (a).
       1978 - Subsec. (a)(4)(F). Pub. L. 95-454 substituted references
     to the Special Counsel for references to the Civil Service
     Commission wherever appearing and reference to his findings for
     reference to its findings.
       1976 - Subsec. (b)(3). Pub. L. 94-409 inserted provision
     excluding section 552b of this title from applicability of
     exemption from disclosure and provision setting forth conditions
     for statute specifically exempting disclosure.
       1974 - Subsec. (a)(2). Pub. L. 93-502, Sec. 1(a), substituted
     provisions relating to maintenance and availability of current
     indexes, for provisions relating to maintenance and availability of
     a current index, and inserted provisions relating to publication
     and distribution of copies of indexes or supplements thereto.
       Subsec. (a)(3). Pub. L. 93-502, Sec. 1(b)(1), substituted
     provisions requiring requests to reasonably describe records for
     provisions requiring requests, for identifiable records, and struck
     out provisions setting forth procedures to enjoin agencies from
     withholding the requested records and ordering their production.
       Subsec. (a)(4), (5). Pub. L. 93-502, Sec. 1(b)(2), added par. (4)
     and redesignated former par. (4) as (5).
       Subsec. (a)(6). Pub. L. 93-502, Sec. 1(c), added par. (6).
       Subsec. (b)(1). Pub. L. 93-502, Sec. 2(a), designated existing
     provisions as cl. (A), substituted 'authorized under criteria
     established by an' for 'required by', and added cl. (B).
       Subsec. (b)(7). Pub. L. 93-502, Sec. 2(b), substituted provisions
     relating to exemption for investigatory records compiled for law
     enforcement purposes, for provisions relating to exemption for
     investigatory files compiled for law enforcement purposes.
       Subsec. (b), foll. par. (9). Pub. L. 93-502, Sec. 2(c), inserted
     provision relating to availability of segregable portion of
     records.
       Subsecs. (d), (e). Pub. L. 93-502, Sec. 3, added subsecs. (d) and
     (e).
       1967 - Subsec. (a). Pub. L. 90-23 substituted introductory
     statement requiring every agency to make available to the public
     certain information for former introductory provision excepting
     from disclosure (1) any function of the United States requiring
     secrecy in the public interest or (2) any matter relating to
     internal management of an agency, covered in subsec. (b)(1) and (2)
     of this section.
       Subsec. (a)(1). Pub. L. 90-23 incorporated provisions of: former
     subsec. (b)(1) in (A), inserting requirement of publication of
     names of officers as sources of information and provision for
     public to obtain decisions, and striking out publication
     requirement for delegations by the agency of final authority;

     former subsec. (b)(2), introductory part, in (B); former subsec.
     (b)(2), concluding part, in (C), inserting publication requirement
     for rules of procedure and descriptions of forms available or the
     places at which forms may be obtained; former subsec. (b)(3),
     introductory part, in (D), inserting requirement of general
     applicability of substantive rules and interpretations, added
     clause (E), substituted exemption of any person from failure to
     resort to any matter or from being adversely affected by any matter
     required to be published in the Federal Register but not so
     published for former subsec. (b)(3), concluding part, excepting
     from publication rules addressed to and served upon named persons
     in accordance with laws and final sentence reading 'A person may
     not be required to resort to organization or procedure not so
     published' and inserted provision deeming matter, which is
     reasonably available, as published in the Federal Register when
     such matter is incorporated by reference in the Federal Register
     with the approval of its Director.
       Subsec. (a)(2). Pub. L. 90-23 incorporated provisions of former
     subsec. (c), provided for public copying of records, struck out
     requirement of agency publication of final opinions or orders and
     authority for secrecy and withholding of opinions and orders
     required for good cause to be held confidential and not cited as
     precedents, latter provision now superseded by subsec. (b) of this
     section, designated existing subsec. (c) as clause (A), including
     provision for availability of concurring and dissenting opinions,
     inserted provisions for availability of policy statements and
     interpretations in clause (B) and staff manuals and instructions in
     clause (C), deletion of personal identifications from records to
     protect personal privacy with written justification therefor, and
     provision for indexing and prohibition of use of records not
     indexed against any private party without actual and timely notice
     of the terms thereof.
       Subsec. (a)(3). Pub. L. 90-23 incorporated provisions of former
     subsec. (d) and substituted provisions requiring identifiable
     agency records to be made available to any person upon request and
     compliance with rules as to time, place, and procedure for
     inspection, and payment of fees and provisions for Federal district
     court proceedings de novo for enforcement by contempt of
     noncompliance with court's orders with the burden on the agency and
     docket precedence for such proceedings for former provisions
     requiring matters of official record to be made available to
     persons properly and directly concerned except information held
     confidential for good cause shown, the latter provision superseded
     by subsec. (b) of this section.
       Subsec. (a)(4). Pub. L. 90-23 added par. (4).
       Subsec. (b). Pub. L. 90-23 added subsec. (b) which superseded
     provisions excepting from disclosure any function of the United
     States requiring secrecy in the public interest or any matter
     relating to internal management of an agency, formerly contained in
     former subsec. (a), final opinions or orders required for good
     cause to be held confidential and not cited as precedents, formerly
     contained in subsec. (c), and information held confidential for
     good cause found, contained in former subsec. (d) of this section.
       Subsec. (c). Pub. L. 90-23 added subsec. (c).

                       EFFECTIVE DATE OF 1986 AMENDMENT

       Section 1804 of Pub. L. 99-570 provided that:
       '(a) The amendments made by section 1802 (amending this section)
     shall be effective on the date of enactment of this Act (Oct. 27,
     1986), and shall apply with respect to any requests for records,
     whether or not the request was made prior to such date, and shall
     apply to any civil action pending on such date.

       '(b)(1) The amendments made by section 1803 (amending this
     section) shall be effective 180 days after the date of enactment of
     this Act (Oct. 27, 1986), except that regulations to implement such
     amendments shall be promulgated by such 180th day.
       '(2) The amendments made by section 1803 (amending this section)
     shall apply with respect to any requests for records, whether or
     not the request was made prior to such date, and shall apply to any
     civil action pending on such date, except that review charges
     applicable to records requested for commercial use shall not be
     applied by an agency to requests made before the effective date
     specified in paragraph (1) of this subsection or before the agency
     has finally issued its regulations.'

                       EFFECTIVE DATE OF 1984 AMENDMENT

       Amendment by Pub. L. 98-620 not applicable to cases pending on
     Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
     Effective Date note under section 1657 of Title 28, Judiciary and
     Judicial Procedure.

                       EFFECTIVE DATE OF 1978 AMENDMENT

       Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
     1978, see section 907 of Pub. L. 95-454, set out as a note under
     section 1101 of this title.

                       EFFECTIVE DATE OF 1976 AMENDMENT

       Amendment by Pub. L. 94-409 effective 180 days after Sept. 13,
     1976, see section 6 of Pub. L. 94-409, set out as an Effective Date
     note under section 552b of this title.

                       EFFECTIVE DATE OF 1974 AMENDMENT

       Section 4 of Pub. L. 93-502 provided that: 'The amendments made
     by this Act (amending this section) shall take effect on the
     ninetieth day beginning after the date of enactment of this Act
     (Nov. 21, 1974).'

                       EFFECTIVE DATE OF 1967 AMENDMENT

       Section 4 of Pub. L. 90-23 provided that: 'This Act (amending
     this section) shall be effective July 4, 1967, or on the date of
     enactment (June 5, 1967), whichever is later.'

                        SHORT TITLE OF 1986 AMENDMENT

       Section 1801 of Pub. L. 99-570 provided that: 'This subtitle
     (subtitle N (Sec. 1801-1804) of title I of Pub. L. 99-570, amending
     this section and enacting provisions set out as a note under this
     section) may be cited as the 'Freedom of Information Reform Act of
     1986'.'

                                 SHORT TITLE

       This section is popularly known as the 'Freedom of Information
     Act'.


                                 *****

                  APPENDIX 5:  TEXT OF THE PRIVACY ACT OF 1974

                         TITLE 5, UNITED STATES CODE

                          *     *     *     *     *

                      PART I -- THE AGENCIES GENERALLY

                          *     *     *     *     *

                         CHAPTER 5 -- ADMINISTRATIVE

                          *     *     *     *     *

                   SUBCHAPTER II - ADMINISTRATIVE PROCEDURE

                          *     *     *     *     *



     Sec. 552a. Records maintained on individuals

       (a) Definitions. - For purposes of this section -
         (1) the term 'agency' means agency as defined in section 552(e)
         (2) the term 'individual' means a citizen of the United States
       or an alien lawfully admitted for permanent residence;
         (3) the term 'maintain' includes maintain, collect, use, or
       disseminate;
         (4) the term 'record' means any item, collection, or grouping
       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 information 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
       disclosure of a record, the use of such record for a purpose
       which is compatible with the purpose for which it was collected;
         (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
             Federal 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, (II) for
           purposes of tax administration as defined in section
           6103(b)(4) of such Code, (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; 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;
             (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) 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) 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) 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) 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) the term 'Federal personnel' means officers and employees
       of the Government of the United States, members of the uniformed
       services (including members of 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 under 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 to 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 it 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 or 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
         part 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 of 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 for 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 insure 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) 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 subsection
     (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 subsection
     (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 the 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 discloses 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 crime or to apprehend criminals, and
       the activities of prosecutors, courts, correctional, probation,
       pardon, or parole authorities, and which consists of (A)
       information compiled for the purpose of identifying individual
       criminal offenders and alleged offenders and consisting only of
       identifying data and notations of arrests, the nature and
       disposition of criminal charges, sentencing, confinement,
       release, and parole and probation status; (B) information
       compiled for the purpose of a criminal investigation, including
       reports of informants and investigators, and associated with an
       identifiable individual; or (C) reports identifiable to an
       individual compiled at any stage of the process of enforcement of
       the criminal laws from arrest or indictment through release from
       supervision.
     At the time rules are adopted under this subsection, the agency
     shall include in the statement required under section 553(c) of
     this title, the reasons why the system of records is to be exempted
     from a provision of this section.
       (k) Specific 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
     subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of
     this section if the system of records is -
         (1) subject to the provisions of section 552(b)(1) of this
       title;
         (2) investigatory material compiled for law enforcement
       purposes, other than material within the scope of subsection
       (j)(2) of this section: Provided, however, That if any individual
       is denied any right, privilege, or benefit that he would
       otherwise be entitled by Federal law, or for which he would
       otherwise be eligible, as a result of the maintenance of such
       material, such material shall be provided to such individual,
       except to the extent that the disclosure of such material would
       reveal the identity of a source who furnished information to the
       Government under an express promise that the identity of the
       source would be held in confidence, or, prior to the effective
       date of this section, under an implied promise that the identity
       of the source would be held in confidence;
         (3) maintained in connection with providing protective services
       to the President of the United States or other individuals
       pursuant to section 3056 of title 18;
         (4) required by statute to be maintained and used solely as
       statistical records;
         (5) investigatory material compiled solely for the purpose of
       determining suitability, eligibility, or qualifications for
       Federal civilian employment, military service, Federal contracts,
       or access to classified information, but only to the extent that
       the disclosure of such material would reveal the identity of a
       source who furnished information to the Government under an
       express promise that the identity of the source would be held in
       confidence, or, prior to the effective date of this section,
       under an implied promise that the identity of the source would be
       held in confidence;
         (6) testing or examination material used solely to determine
       individual qualifications for appointment or promotion in the
       Federal service the disclosure of which would compromise the
       objectivity or fairness of the testing or examination process; or
         (7) evaluation material used to determine potential for
       promotion in the armed services, but only to the extent that the
       disclosure of such material would reveal the identity of a source
       who furnished information to the Government under an express
       promise that the identity of the source would be held in
       confidence, or, prior to the effective date of this section,
       under an implied promise that the identity of the source would be
       held in confidence.
     At the time rules are adopted under this subsection, the agency
     shall include in the statement required under section 553(c) of
     this title, the reasons why the system of records is to be exempted
     from a provision of this section.
       (l) Archival Records. - Each agency record which is accepted by
     the Archivist of the United States for storage, processing, and
     servicing in accordance with section 3103 of title 44 shall, for
     the purposes of this section, be considered to be maintained by the
     agency which deposited the record and shall be subject to the
     provisions of this section.  The Archivist of the United States
     shall not disclose the record except to the agency which maintains
     the record, or under rules established by that agency which are not
     inconsistent with the provisions of this section.
       (2) Each agency record pertaining to an identifiable individual
     which was transferred to the National Archives of the United States

     as a record which has sufficient historical or other value to
     warrant its continued preservation by the United States Government,
     prior to the effective date of this section, shall, for the
     purposes of this section, be considered to be maintained by the
     National Archives and shall not be subject to the provisions of
     this section, except that a statement generally describing such
     records (modeled after the requirements relating to records subject
     to subsections (e)(4)(A) through (G) of this section) shall be
     published in the Federal Register.
       (3) Each agency record pertaining to an identifiable individual
     which is transferred to the National Archives of the United States
     as a record which has sufficient historical or other value to
     warrant its continued preservation by the United States Government,
     on or after the effective date of this section, shall, for the
     purposes of this section, be considered to be maintained by the
     National Archives and shall be exempt from the requirements of this
     section except subsections (e)(4)(A) through (G) and (e)(9) of this
     section.
       (m)(1) Government Contractors. - When an agency provides by a
     contract for the operation by or on behalf of the agency of a
     system of records to accomplish an agency function, the agency
     shall, consistent with its authority, cause the requirements of
     this section to be applied to such system.  For purposes of
     subsection (i) of this section any such contractor and any employee
     of such contractor, if such contract is agreed to on or after the
     effective date of this section, shall be considered to be an
     employee of an agency.
       (2) A consumer reporting agency to which a record is disclosed
     under section 3711(f) of title 31 shall not be considered a
     contractor for the purposes of this section.
       (n) Mailing Lists. - An individual's name and address may not be
     sold or rented by an agency unless such action is specifically
     authorized by law.  This provision shall not be construed to
     require the withholding of names and addresses otherwise permitted
     to be made public.
       (o) Matching Agreements. - (1) No record which is contained in a
     system of records may be disclosed to a recipient agency or
     non-Federal agency for use in a computer matching program except
     pursuant to a written agreement between the source agency and the
     recipient agency or non-Federal agency specifying -
         (A) the purpose and legal authority for conducting the program;
         (B) the justification for the program and the anticipated
       results, including a specific estimate of any savings;
         (C) a description of the records that will be matched,
       including each data element that will be used, the approximate
       number of records that will be matched, and the projected
       starting and completion dates of the matching program;
         (D) procedures for providing individualized notice at the time
       of application, and notice periodically thereafter as directed by
       the Data Integrity Board of such agency (subject to guidance
       provided by the Director of the Office of Management and Budget
       pursuant to subsection (v)), to -
           (i) applicants for and recipients of financial assistance or
         payments under Federal benefit programs, and
           (ii) applicants for and holders of positions as Federal
         personnel,
       that any information provided by such applicants, recipients,
       holders, and individuals may be subject to verification through
       matching programs;
         (E) procedures for verifying information produced in such
       matching program as required by subsection (p);
         (F) procedures for the retention and timely destruction of
       identifiable records created by a recipient agency or non-Federal

       agency in such matching program;
         (G) procedures for ensuring the administrative, technical, and
       physical security of the records matched and the results of such
       programs;
         (H) prohibitions on duplication and redisclosure of records
       provided by the source agency within or outside the recipient
       agency or the non-Federal agency, except where required by law or
       essential to the conduct of the matching program;
         (I) procedures governing the use by a recipient agency or
       non-Federal agency of records provided in a matching program by a
       source agency, including procedures governing return of the
       records to the source agency or destruction of records used in
       such program;
         (J) information on assessments that have been made on the
       accuracy of the records that will be used in such matching
       program; and
         (K) that the Comptroller General may have access to all records
       of a recipient agency or a non-Federal agency that the
       Comptroller General deems necessary in order to monitor or verify
       compliance with the agreement.
       (2)(A) A copy of each agreement entered into pursuant to
     paragraph (1) shall -
         (i) be transmitted to the Committee on Governmental Affairs of
       the Senate and the Committee on Government Operations of the
       House of Representatives; and
         (ii) be available upon request to the public.
       (B) No such agreement shall be effective until 30 days after the
     date on which such a copy is transmitted pursuant to subparagraph
     (A)(i).
       (C) Such an agreement shall remain in effect only for such
     period, not to exceed 18 months, as the Data Integrity Board of the
     agency determines is appropriate in light of the purposes, and
     length of time necessary for the conduct, of the matching program.
       (D) Within 3 months prior to the expiration of such an agreement
     pursuant to subparagraph (C), the Data Integrity Board of the
     agency may, without additional review, renew the matching agreement
     for a current, ongoing matching program for not more than one
     additional year if -
         (i) such program will be conducted without any change; and
         (ii) each party to the agreement certifies to the Board in
       writing that the program has been conducted in compliance with
       the agreement.
       (p) Verification and Opportunity to Contest Findings. - (1) In
     order to protect any individual whose records are used in a
     matching program, no recipient agency, non-Federal agency, or
     source agency may suspend, terminate, reduce, or make a final
     denial of any financial assistance or payment under a Federal
     benefit program to such individual, or take other adverse action
     against such individual, as a result of information produced by
     such matching program, until -
         (A)(i) the agency has independently verified the information;
       or
         (ii) the Data Integrity Board of the agency, or in the case of
       a non-Federal agency the Data Integrity Board of the source
       agency, determines in accordance with guidance issued by the
       Director of the Office of Management and Budget that -
           (I) the information is limited to identification and amount
         of benefits paid by the source agency under a Federal benefit
         program; and
           (II) there is a high degree of confidence that the
         information provided to the recipient agency is accurate;
         (B) the individual receives a notice from the agency containing
       a statement of its findings and informing the individual of the
       opportunity to contest such findings; and
         (C)(i) the expiration of any time period established for the
       program by statute or regulation for the individual to respond to
       that notice; or
         (ii) in the case of a program for which no such period is

       established, the end of the 30-day period beginning on the date
       on which notice under subparagraph (B) is mailed or otherwise
       provided to the individual.
       (2) Independent verification referred to in paragraph (1)
     requires investigation and confirmation of specific information
     relating to an individual that is used as a basis for an adverse
     action against the individual, including where applicable
     investigation and confirmation of -
         (A) the amount of any asset or income involved;
         (B) whether such individual actually has or had access to such
       asset or income for such individual's own use; and
         (C) the period or periods when the individual actually had such
       asset or income.
       (3) Notwithstanding paragraph (1), an agency may take any
     appropriate action otherwise prohibited by such paragraph if the
     agency determines that the public health or public safety may be
     adversely affected or significantly threatened during any notice
     period required by such paragraph.
       (q) Sanctions. - (1) Notwithstanding any other provision of law,
     no source agency may disclose any record which is contained in a
     system of records to a recipient agency or non-Federal agency for a
     matching program if such source agency has reason to believe that
     the requirements of subsection (p), or any matching agreement
     entered into pursuant to subsection (o), or both, are not being met
     by such recipient agency.
       (2) No source agency may renew a matching agreement unless -
         (A) the recipient agency or non-Federal agency has certified
       that it has complied with the provisions of that agreement; and
         (B) the source agency has no reason to believe that the
       certification is inaccurate.
       (r) Report on New Systems and Matching Programs. - Each agency
     that proposes to establish or make a significant change in a system
     of records or a matching program shall provide adequate advance
     notice of any such proposal (in duplicate) to the Committee on
     Government Operations of the House of Representatives, the
     Committee on Governmental Affairs of the Senate, and the Office of
     Management and Budget in order to permit an evaluation of the
     probable or potential effect of such proposal on the privacy or
     other rights of individuals.
       (s) Biennial Report. - The President shall biennially submit to
     the Speaker of the House of Representatives and the President pro
     tempore of the Senate a report -
         (1) describing the actions of the Director of the Office of
       Management and Budget pursuant to section 6 of the Privacy Act of
       1974 during the preceding 2 years;
         (2) describing the exercise of individual rights of access and
       amendment under this section during such years;
         (3) identifying changes in or additions to systems of records;
         (4) containing such other information concerning administration
       of this section as may be necessary or useful to the Congress in
       reviewing the effectiveness of this section in carrying out the
       purposes of the Privacy Act of 1974.
       (t)(1) Effect of Other Laws. - No agency shall rely on any
     exemption contained in section 552 of this title to withhold from
     an individual any record which is otherwise accessible to such
     individual under the provisions of this section.
       (2) No agency shall rely on any exemption in this section to
     withhold from an individual any record which is otherwise
     accessible to such individual under the provisions of section 552
     of this title.
       (u) Data Integrity Boards. - (1) Every agency conducting or
     participating in a matching program shall establish a Data
     Integrity Board to oversee and coordinate among the various
     components of such agency the agency's implementation of this

     section.
       (2) Each Data Integrity Board shall consist of senior officials
     designated by the head of the agency, and shall include any senior
     official designated by the head of the agency as responsible for
     implementation of this section, and the inspector general of the
     agency, if any.  The inspector general shall not serve as chairman
     of the Data Integrity Board.
       (3) Each Data Integrity Board -
         (A) shall review, approve, and maintain all written agreements
       for receipt or disclosure of agency records for matching programs
       to ensure compliance with subsection (o), and all relevant
       statutes, regulations, and guidelines;
         (B) shall review all matching programs in which the agency has
       participated during the year, either as a source agency or
       recipient agency, determine compliance with applicable laws,
       regulations, guidelines, and agency agreements, and assess the
       costs and benefits of such programs;
         (C) shall review all recurring matching programs in which the
       agency has participated during the year, either as a source
       agency or recipient agency, for continued justification for such
       disclosures;
         (D) shall compile an annual report, which shall be submitted to
       the head of the agency and the Office of Management and Budget
       and made available to the public on request, describing the
       matching activities of the agency, including -
           (i) matching programs in which the agency has participated as
         a source agency or recipient agency;
           (ii) matching agreements proposed under subsection (o) that
         were disapproved by the Board;
           (iii) any changes in membership or structure of the Board in
         the preceding year;
           (iv) the reasons for any waiver of the requirement in
         paragraph (4) of this section for completion and submission of
         a cost-benefit analysis prior to the approval of a matching
         program;
           (v) any violations of matching agreements that have been
         alleged or identified and any corrective action taken; and
           (vi) any other information required by the Director of the
         Office of Management and Budget to be included in such report;
         (E) shall serve as a clearinghouse for receiving and providing
       information on the accuracy, completeness, and reliability of
       records used in matching programs;
         (F) shall provide interpretation and guidance to agency
       components and personnel on the requirements of this section for
       matching programs;
         (G) shall review agency recordkeeping and disposal policies and
       practices for matching programs to assure compliance with this
       section; and
         (H) may review and report on any agency matching activities
       that are not matching programs.
       (4)(A) Except as provided in subparagraphs (B) and (C), a Data
     Integrity Board shall not approve any written agreement for a
     matching program unless the agency has completed and submitted to
     such Board a cost-benefit analysis of the proposed program and such
     analysis demonstrates that the program is likely to be cost
     effective.
        (B) The Board may waive the requirements of subparagraph (A) of
     this paragraph if it determines in writing, in accordance with
     guidelines prescribed by the Director of the Office of Management
     and Budget, that a cost-benefit analysis is not required.
       (C) A cost-benefit analysis shall not be required under
     subparagraph (A) prior to the initial approval of a written
     agreement for a matching program that is specifically required by
     statute.  Any subsequent written agreement for such a program shall
     not be approved by the Data Integrity Board unless the agency has
     submitted a cost-benefit analysis of the program as conducted under

     the preceding approval of such agreement.
       (5)(A) If a matching agreement is disapproved by a Data Integrity
     Board, any party to such agreement may appeal the disapproval to
     the Director of the Office of Management and Budget. Timely notice
     of the filing of such an appeal shall be provided by the Director
     of the Office of Management and Budget to the Committee on
     Governmental Affairs of the Senate and the Committee on Government
     Operations of the House of Representatives.
       (B) The Director of the Office of Management and Budget may
     approve a matching agreement notwithstanding the disapproval of a
     Data Integrity Board if the Director determines that -
         (i) the matching program will be consistent with all applicable
       legal, regulatory, and policy requirements;
         (ii) there is adequate evidence that the matching agreement
       will be cost-effective; and
         (iii) the matching program is in the public interest.
       (C) The decision of the Director to approve a matching agreement
     shall not take effect until 30 days after it is reported to
     committees described in subparagraph (A).
       (D) If the Data Integrity Board and the Director of the Office of
     Management and Budget disapprove a matching program proposed by the
     inspector general of an agency, the inspector general may report
     the disapproval to the head of the agency and to the Congress.
       (6) The Director of the Office of Management and Budget shall,
     annually during the first 3 years after the date of enactment of
     this subsection and biennially thereafter, consolidate in a report
     to the Congress the information contained in the reports from the
     various Data Integrity Boards under paragraph (3)(D). Such report
     shall include detailed information about costs and benefits of
     matching programs that are conducted during the period covered by
     such consolidated report, and shall identify each waiver granted by
     a Data Integrity Board of the requirement for completion and
     submission of a cost-benefit analysis and the reasons for granting
     the waiver.
       (7) In the reports required by paragraphs (3)(D) and (6), agency
     matching activities that are not matching programs may be reported
     on an aggregate basis, if and to the extent necessary to protect
     ongoing law enforcement or counterintelligence investigations.
       (v) Office of Management and Budget Responsibilities. - The
     Director of the Office of Management and Budget shall -
         (1) develop and, after notice and opportunity for public
       comment, prescribe guidelines and regulations for the use of
       agencies in implementing the provisions of this section; and
         (2) provide continuing assistance to and oversight of the
       implementation of this section by agencies.

                               SOURCE
     (Added Pub. L. 93-579, Sec. 3, Dec. 31, 1974, 88 Stat. 1897;
     amended Pub. L. 94-183, Sec. 2(2), Dec. 31, 1975, 89 Stat. 1057;
     Pub. L. 97-365, Sec. 2, Oct. 25, 1982, 96 Stat. 1749; Pub. L.
     97-375, title II, Sec. 201(a), (b), Dec. 21, 1982, 96 Stat. 1821;
     Pub. L. 97-452, Sec. 2(a)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L.
     98-477, Sec. 2(c),
 Oct. 15, 1984, 98 Stat. 2211; Pub. L. 98-497,
     title I, Sec. 107(g), Oct. 19, 1984, 98 Stat. 2292; Pub. L.
     100-503, Sec. 2-6(a), 7, 8, Oct. 18, 1988, 102 Stat. 2507-2514;
     Pub. L. 101-508, title VII, Sec. 7201(b)(1), Nov. 5, 1990, 104
     Stat. 1388-334.)

                              REFERENCES IN TEXT
       Section 552(e) of this title, referred to in subsec. (a)(1), was
     redesignated section 552(f) of this title by section 1802(b) of
     Pub. L. 99-570.
       Section 6103 of the Internal Revenue Code of 1986, referred to in
     subsec. (a)(8)(B)(iv), is classified to section 6103 of Title 26,
     Internal Revenue Code.
       Sections 464 and 1137 of the Social Security Act, referred to in

     subsec. (a)(8)(B)(iv), are classified to sections 664 and 1320b-7,
     respectively, of Title 42, The Public Health and Welfare.
       For effective date of this section, referred to in subsecs.
     (k)(2), (5), (7), (l)(2), (3), and (m), see Effective Date note
     below.
       Section 6 of the Privacy Act of 1974, referred to in subsec.
     (s)(1), is section 6 of Pub. L. 93-579, which was set out below and
     was repealed by section 6(c) of Pub. L. 100-503.
       For classification of the Privacy Act of 1974, referred to in
     subsec. (s)(4), see Short Title note below.
       The date of enactment of this subsection, referred to in subsec.
     (u)(6), is the date of enactment of Pub. L. 100-503 which enacted
     subsec. (u) of this section, and which was approved Oct. 18, 1988.

                                 CODIFICATION

       Section 552a of former Title 5, Executive Departments and
     Government Officers and Employees, was transferred to section 2244
     of Title 7, Agriculture.

                                  AMENDMENTS

       1990 - Subsec. (p). Pub. L. 101-508 amended subsec. (p)
     generally, restating former pars. (1) and (3) as par. (1), adding
     provisions relating to Data Integrity Boards, and restating former
     pars. (2) and (4) as (2) and (3), respectively.
       1988 - Subsec. (a)(8) to (13). Pub. L. 100-503, Sec. 5, added
     pars. (8) to (13).
       Subsec. (e)(12). Pub. L. 100-503, Sec. 3(a), added par. (12).
       Subsec. (f). Pub. L. 100-503, Sec. 7, substituted 'biennially'
     for 'annually' in last sentence.
       Subsecs. (o) to (q). Pub. L. 100-503, Sec. 2(2), added subsecs.
     (o) to (q). Former subsecs. (o) to (q) redesignated (r) to (t),
     respectively.
       Subsec. (r). Pub. L. 100-503, Sec. 3(b), inserted 'and matching
     programs' in heading and amended text generally.  Prior to
     amendment, text read as follows: 'Each agency shall provide
     adequate advance notice to Congress and the Office of Management
     and Budget of any proposal to establish or alter any system of
     records in order to permit an evaluation of the probable or
     potential effect of such proposal on the privacy and other personal
     or property rights of individuals or the disclosure of information
     relating to such individuals, and its effect on the preservation of
     the constitutional principles of federalism and separation of
     powers.'
       Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (o) as
     (r).
       Subsec. (s). Pub. L. 100-503, Sec. 8, substituted 'Biennial' for
     'Annual' in heading, 'biennially submit' for 'annually submit' in
     introductory provisions, 'preceding 2 years' for 'preceding year'
     in par. (1), and 'such years' for 'such year' in par. (2).
       Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (p) as
     (s).
       Subsec. (t). Pub. L. 100-503, Sec. 2(1), redesignated former
     subsec. (q) as (t).
       Subsec. (u). Pub. L. 100-503, Sec. 4, added subsec. (u).
       Subsec. (v). Pub. L. 100-503, Sec. 6(a), added subsec. (v).
       1984 - Subsec. (b)(6). Pub. L. 98-497, Sec. 107(g)(1),
     substituted 'National Archives and Records Administration' for
     'National Archives of the United States', and 'Archivist of the
     United States or the designee of the Archivist' for 'Administrator
     of General Services or his designee'.
       Subsec. (l)(1). Pub. L. 98-497, Sec. 107(g)(2), substituted
     'Archivist of the United States' for 'Administrator of General
     Services' in two places.
       Subsec. (q). Pub. L. 98-477 designated existing provisions as
     par. (1) and added par. (2).
       1983 - Subsec. (b)(12). Pub. L. 97-452 substituted 'section
     3711(f) of title 31' for 'section 3(d) of the Federal Claims
     Collection Act of 1966 (31 U.S.C. 952(d))'.
       Subsec. (m)(2). Pub. L. 97-452 substituted 'section 3711(f) of
     title 31' for 'section 3(d) of the Federal Claims Collection Act of

     1966 (31 U.S.C. 952(d))'.
       1982 - Subsec. (b)(12). Pub. L. 97-365, Sec. 2(a), added par.
     (12).
       Subsec. (e)(4). Pub. L. 97-375, Sec. 201(a), substituted 'upon
     establishment or revision' for 'at least annually' after 'Federal
     Register'.
       Subsec. (m). Pub. L. 97-365, Sec. 2(b), designated existing
     provisions as par. (1) and added par. (2).
       Subsec. (p). Pub. L. 97-375, Sec. 201(b), substituted provisions
     requiring annual submission of a report by the President to the
     Speaker of the House and President pro tempore of the Senate
     relating to the Director of the Office of Management and Budget,
     individual rights of access, changes or additions to systems of
     records, and other necessary or useful information, for provisions
     which had directed the President to submit to the Speaker of the
     House and the President of the Senate, by June 30 of each calendar
     year, a consolidated report, separately listing for each Federal
     agency the number of records contained in any system of records
     which were exempted from the application of this section under the
     provisions of subsections (j) and (k) of this section during the
     preceding calendar year, and the reasons for the exemptions, and
     such other information as indicate efforts to administer fully this
     section.
       1975 - Subsec. (g)(5). Pub. L. 94-183 substituted 'to September
     27, 1975' for 'to the effective date of this section'.
                       EFFECTIVE DATE OF 1988 AMENDMENT
       Section 10 of Pub. L. 100-503, as amended by Pub. L. 101-56, Sec.
     2, July 19, 1989, 103 Stat. 149, provided that:
       '(a) In General. - Except as provided in subsections (b) and (c),
     the amendments made by this Act (amending this section and
     repealing provisions set out as a note below) shall take effect 9
     months after the date of enactment of this Act (Oct. 18, 1988).
       '(b) Exceptions. - The amendment made by sections 3(b), 6, 7, and
     8 of this Act (amending this section and repealing provisions set
     out as a note below) shall take effect upon enactment.
       '(c) Effective Date Delayed for Existing Programs. - In the case
     of any matching program (as defined in section 552a(a)(8) of title
     5, United States Code, as added by section 5 of this Act) in
     operation before June 1, 1989, the amendments made by this Act
     (other than the amendments described in subsection (b)) shall take
     effect January 1, 1990, if -
         '(1) such matching program is identified by an agency as being
       in operation before June 1, 1989; and
         '(2) such identification is -
           '(A) submitted by the agency to the Committee on Governmental
         Affairs of the Senate, the Committee on Government Operations
         of the House of Representatives, and the Office of Management
         and Budget before August 1, 1989, in a report which contains a
         schedule showing the dates on which the agency expects to have
         such matching program in compliance with the amendments made by
         this Act, and
           '(B) published by the Office of Management and Budget in the
         Federal Register, before September 15, 1989.'

                       EFFECTIVE DATE OF 1984 AMENDMENT

       Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section
     301 of Pub. L. 98-497, set out as a note under section 2102 of
     Title 44, Public Printing and Documents.

                                EFFECTIVE DATE

       Section 8 of Pub. L. 93-579 provided that: 'The provisions of
     this Act (enacting this section and provisions set out as notes
     under this section) shall be effective on and after the date of
     enactment (Dec. 31, 1974), except that the amendments made by
     sections 3 and 4 (enacting this section and amending analysis
     preceding section 500 of this title) shall become effective 270
     days following the day on which this Act is enacted.'


                        SHORT TITLE OF 1990 AMENDMENT

       Section 7201(a) of Pub. L. 101-508 provided that: 'This section
     (amending this section and enacting provisions set out as notes
     below) may be cited as the 'Computer Matching and Privacy
     Protection Amendments of 1990'.'

                        SHORT TITLE OF 1989 AMENDMENT

       Pub. L. 101-56, Sec. 1, July 19, 1989, 103 Stat. 149, provided
     that: 'This Act (amending section 10 of Pub. L. 100-503, set out as
     a note above) may be cited as the 'Computer Matching and Privacy
     Protection Act Amendments of 1989'.'

                        SHORT TITLE OF 1988 AMENDMENT

       Section 1 of Pub. L. 100-503 provided that: 'This Act (amending
     this section, enacting provisions set out as notes above and below,
     and repealing provisions set out as a note below) may be cited as
     the 'Computer Matching and Privacy Protection Act of 1988'.'

                                 SHORT TITLE

       Section 1 of Pub. L. 93-579 provided: 'That this Act (enacting
     this section and provisions set out as notes under this section)
     may be cited as the 'Privacy Act of 1974'.'

                           DELEGATION OF FUNCTIONS

       Functions of Director of Office of Management and Budget under
     this section delegated to Administrator for Office of Information
     and Regulatory Affairs by section 3 of Pub. L. 96-511, Dec. 11,
     1980, 94 Stat. 2825, set out as a note under section 3503 of Title
     44, Public Printing and Documents.

            PUBLICATION OF GUIDANCE UNDER SUBSECTION (P)(1)(A)(II)

       Section 7201(b)(2) of Pub. L. 101-508 provided that: 'Not later
     than 90 days after the date of the enactment of this Act (Nov. 5,
     1990), the Director of the Office of Management and Budget shall
     publish guidance under subsection (p)(1)(A)(ii) of section 552a of
     title 5, United States Code, as amended by this Act.'

            LIMITATION ON APPLICATION OF VERIFICATION REQUIREMENT

       Section 7201(c) of Pub. L. 101-508 provided that: 'Section
     552a(p)(1)(A)(ii)(II) of title 5, United States Code, as amended by
     section 2 (probably means section 7201(b)(1) of Pub. L. 101-508),
     shall not apply to a program referred to in paragraph (1), (2), or
     (4) of section 1137(b) of the Social Security Act (42 U.S.C.
     1320b-7), until the earlier of -
         '(1) the date on which the Data Integrity Board of the Federal
       agency which administers that program determines that there is
       not a high degree of confidence that information provided by that
       agency under Federal matching programs is accurate; or
         '(2) 30 days after the date of publication of guidance under
       section 2(b) (probably means section 7201(b)(2) of Pub. L.
       101-508, set out as a note above).'

        EFFECTIVE DATE DELAYED FOR CERTAIN EDUCATION BENEFITS COMPUTER
                              MATCHING PROGRAMS

       Pub. L. 101-366, title II, Sec. 206(d), Aug. 15, 1990, 104 Stat.
     442, provided that:
       '(1) In the case of computer matching programs between the
     Department of Veterans Affairs and the Department of Defense in the
     administration of education benefits programs under chapters 30 and
     32 of title 38 and chapter 106 of title 10, United States Code, the
     amendments made to section 552a of title 5, United States Code, by
     the Computer Matching and Privacy Protection Act of 1988 (Pub. L.
     100-503) (other than the amendments made by section 10(b) of that
     Act) (see Effective Date of 1988 Amendment note above) shall take
     effect on October 1, 1990.
       '(2) For purposes of this subsection, the term 'matching program'
     has the same meaning provided in section 552a(a)(8) of title 5,
     United States Code.'

                 IMPLEMENTATION GUIDANCE FOR 1988 AMENDMENTS

       Section 6(b) of Pub. L. 100-503 provided that: 'The Director
     shall, pursuant to section 552a(v) of title 5, United States Code,

     develop guidelines and regulations for the use of agencies in
     implementing the amendments made by this Act (amending this section
     and repealing provisions set out as a note below) not later than 8
     months after the date of enactment of this Act (Oct. 18, 1988).'

                       CONSTRUCTION OF 1988 AMENDMENTS

       Section 9 of Pub. L. 100-503 provided that: 'Nothing in the
     amendments made by this Act (amending this section and repealing
     provisions set out as a note below) shall be construed to authorize
     -
         '(1) the establishment or maintenance by any agency of a
       national data bank that combines, merges, or links information on
       individuals maintained in systems of records by other Federal
       agencies;
         '(2) the direct linking of computerized systems of records
       maintained by Federal agencies;
         '(3) the computer matching of records not otherwise authorized
       by law; or
         '(4) the disclosure of records for computer matching except to
       a Federal, State, or local agency.'

               CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE

       Section 2 of Pub. L. 93-579 provided that:
       '(a) The Congress finds that -
         '(1) the privacy of an individual is directly affected by the
       collection, maintenance, use, and dissemination of personal
       information by Federal agencies;
         '(2) the increasing use of computers and sophisticated
       information technology, while essential to the efficient
       operations of the Government, has greatly magnified the harm to
       individual privacy that can occur from any collection,
       maintenance, use, or dissemination of personal information;
         '(3) the opportunities for an individual to secure employment,
       insurance, and credit, and his right to due process, and other
       legal protections are endangered by the misuse of certain
       information systems;
         '(4) the right to privacy is a personal and fundamental right
       protected by the Constitution of the United States; and
         '(5) in order to protect the privacy of individuals identified
       in information systems maintained by Federal agencies, it is
       necessary and proper for the Congress to regulate the collection,
       maintenance, use, and dissemination of information by such
       agencies.
       '(b) The purpose of this Act (enacting this section and
     provisions set out as notes under this section) is to provide
     certain safeguards for an individual against an invasion of
     personal privacy by requiring Federal agencies, except as otherwise
     provided by law, to -
         '(1) permit an individual to determine what records pertaining
       to him are collected, maintained, used, or disseminated by such
       agencies;
         '(2) permit an individual to prevent records pertaining to him
       obtained by such agencies for a particular purpose from being
       used or made available for another purpose without his consent;
         '(3) permit an individual to gain access to information
       pertaining to him in Federal agency records, to have a copy made
       of all or any portion thereof, and to correct or amend such
       records;
         '(4) collect, maintain, use, or disseminate any record of
       identifiable personal information in a manner that assures that
       such action is for a necessary and lawful purpose, that the
       information is current and accurate for its intended use, and
       that adequate safeguards are provided to prevent misuse of such
       information;
         '(5) permit exemptions from the requirements with respect to
       records provided in this Act only in those cases where there is
       an important public policy need for such exemption as has been
       determined by specific statutory authority; and
         '(6) be subject to civil suit for any damages which occur as a

       result of willful or intentional action which violates any
       individual's rights under this Act.'

                     PRIVACY PROTECTION STUDY COMMISSION

       Section 5 of Pub. L. 93-579, as amended by Pub. L. 95-38, June 1,
     1977, 91 Stat. 179, which established the Privacy Protection Study
     Commission and provided that the Commission study data banks,
     automated data processing programs and information systems of
     governmental, regional and private organizations to determine
     standards and procedures in force for protection of personal
     information, that the Commission report to the President and
     Congress the extent to which requirements and principles of section
     552a of title 5 should be applied to the information practices of
     those organizations, and that it make other legislative
     recommendations to protect the privacy of individuals while meeting
     the legitimate informational needs of government and society,
     ceased to exist on September 30, 1977, pursuant to section 5(g) of
     Pub. L. 93-579.

          GUIDELINES AND REGULATIONS FOR MAINTENANCE OF PRIVACY AND
                     PROTECTION OF RECORDS OF INDIVIDUALS

       Section 6 of Pub. L. 93-579, which provided that the Office of
     Management and Budget shall develop guidelines and regulations for
     use of agencies in implementing provisions of this section and
     provide continuing assistance to and oversight of the
     implementation of the provisions of such section by agencies, was
     repealed by Pub. L. 100-503, Sec. 6(c), Oct. 18, 1988, 102 Stat.
     2513.

                     DISCLOSURE OF SOCIAL SECURITY NUMBER

       Section 7 of Pub. L. 93-579 provided that:
       '(a)(1) It shall be unlawful for any Federal, State or local
     government agency to deny to any individual any right, benefit, or
     privilege provided by law because of such individual's refusal to
     disclose his social security account number.
       '(2) the (The) provisions of paragraph (1) of this subsection
     shall not apply with respect to -
         '(A) any disclosure which is required by Federal statute, or
         '(B) the disclosure of a social security number to any Federal,
       State, or local agency maintaining a system of records in
       existence and operating before January 1, 1975, if such
       disclosure was required under statute or regulation adopted prior
       to such date to verify the identity of an individual.
       '(b) Any Federal, State, or local government agency which
     requests an individual to disclose his social security account
     number shall inform that individual whether that disclosure is
     mandatory or voluntary, by what statutory or other authority such
     number is solicited, and what uses will be made of it.'

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