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    Filename: FOIA-PA.DOC (FOIA-PA.ZIP) 
    Type    : Document 
    Author  : Unknown 
    Date    : 09/20/91 
    Desc    : Citizen's Guide to the FOIA and the Privacy Act 
    Note    : With Appendix and Address Listings (Approx: 60 Pages overall)
    
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           G O V E R M E N T   R E C O R D S   A N D   P R I V A C Y
    -----------------------------------------------------------------------


         A Citizen's Guide on Using the Freedom of Information Act and 
             the Privacy Act of 1974 to Request Government Records


    
    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 Governors, must arm themselves with the power knowledge gives. 
    
                                                            - James Madison 
    

    The  Freedom of Information Act (FOIA)  established 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 the federal information disclosure 
    policy. Before enactment of the Freedom of Information Act in 1966, the 
    burden  was  on  the individual to establish a right to  examine  these 
    government  records.  There were statutory guidelines or procedures  to 
    help  a person seeking information.  There 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    standard  has  been  replaced  by a "right  to  know"   doctrine.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  made 
    available  for public inspection and which records can be withheld from 
    disclosure.  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 records about 
    themselves.  The Act requires that personal information in agency files 
    be accurate, complete, relevant, and timely. The Act allows the subject 
    of  a  record to challenge the accuracy if the  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 encourage the  disclosure  of 
    agency  records,   both  laws  also recognize the  legitimate  need  to 
    restrict  disclosure of some information.  For example,   agencies  may 
    withhold information classified in the interest of national security 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  laws grant an absolute right to examine government  documents, 
    both  laws provide a right to request records and to receive a response 
    to the request.  If a request record cannot be released,  the requester 
    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.   The  disclosure  of  governmental 
    information cannot be controlled by arbitrary or unreviewable actions. 

    
    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  disclosed 
    under the other. 
    
    In order to take maximum advantage of the laws,  and 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 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 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 site both the FOIA and the 
    Privacy Act when seeking documents from the federal government. 
    

    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  of  the 
    executive branch. 

    The FOIA does not apply to elected officials of the federal government, 
    including the President, Vice President, Senators, and Congressmen,  or 
    the  federal  judiciary.   The  FOIA also does  not  apply  to  private 
    companies;   persons  who  receive who received  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 FOIA. 

    
    WHAT RECORDS CAN BE REQUESTED UNDER FOIA: 
    ---------------------------------------- 

    The  FOIA requires agencies to publish or make available some types  of 
    information. This includes: (1)  Description of agency organization and 
    office  addresses;  (2)  statement 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 or made available for  inspection 
    and copying without the formality of an FOIA request. 
    
    All other "agency records"  may be requested under the FOIA.   However, 
    the  FOIA  does not define "agency record."  Material 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 record. A record that is not an "agency 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, computer print out, computer tape, or 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 o 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. 
    
    Requesters  may  ask  for existing records.  Requests may  have  to  be 
    carefully  written in order to obtain the information that is  desired. 
    Sometimes,   an  agency  will help a requester  identify  the  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  different  agencies organized 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 their requests as simple as  possible.   If  a 
    specific document is required,  it should be identified as precisely as 
    possible,  preferably by date and title.  However,  a  request does not 
    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  the  request is  broad  enough  to  cover  the 
    information that is needed. 
    
    For  example,  assume that a requester wants to obtain a list of  toxic 
    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 al toxic waste sites within three miles of a  particular 
    address  is  very  specific.  But 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. 
    The  additional explanation will help the agency to find a record  that 
    meets the request. 
    
    Many  people include their phone numbers in their requests.   Sometimes 
    questions about the scope of a request can be resolves quickly when the 
    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 areas 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 scarce resources to respond to more requests. The FOIA works 
    best when both the requester ad the agency act cooperatively. 
    
    
    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 governmental record office  that 
    services FOIA requests. 
    
    Often,   a   requester knows beforehand which agency  has  the  desired 
    record.  If not, a requester can consult a government directory such as 
    the United States Government Manual. 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. 
    
    All 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 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. 
    
    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. 
    
    In addition,  in 1986 amendments to the FOIA,  the fees chargeable vary 
    with the status or purpose of the requester. As a result, the 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 and 
    noncommercial  scientific  institutions,  and  individuals.   The  next 
    section, "Fees and Fee Waivers", explains the new 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  talk  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 requesters to br contacted if  the 
    charges will exceed a fixed amount.  This allows a requester to  modify 
    or withdraw a request if the cost is too high. 
    
    A  third  optional  item  sometimes included in an FOIA  request  is  a 
    request for waiver or reduction of fees. THe 1986  amendments waived or 
    reduced  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 request. Decisions about granting fee waives 
    are   separate  from and different from decisions about the  amount  of 
    fees that can be charged to requesters. 
    
    Requesters  should  keep  a copy of their request  letter  and  related 
    correspondence until the request has been fully resolved. 
    

    FEES AND FEE WAIVERS: 
    ---------------------

    FOIA  requesters may have to pay fees covering some or all of the  cost 
    of processing their request.  As amended in 1986,  the law  establishes 
    three types of charges that may be imposed on requesters.  The 1986 law 
    makes the process of determining the applicable fees more  complicated. 
    However, the new rules reduce or eliminate entirely the cost for small, 
    noncommercial requests. 
    
    First,   fees can be imposed to recover the cost od copying  documents. 
    All  agencies  have  a  fixed price for  making  copies  using  copying 
    machines.   Requesters are usually charged the actual cost  of  copying 
    computer tapes, photographs, or other nonstandard documents. 
    
    Second,  fees can also be imposed to recover the cost of searching  for 
    documents. This includes the time spent looking for material responsive 
    to  a request.  Requesters can minimize search charges by making clear, 
    narrow, requests for identifiable documents wherever 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  effective  date  of  the  1986 
    amendments,  no review charges were imposed on any requester. Effective 
    April 25, 1987,  review charges may be imposed on commercial requesters 
    only.   Review charges only include costs incurred during  the  initial 
    examination  of  a  document.  An agency may not charge  for  any  cost 
    incurred  in  resolving issues of law or policy that  may  arise  while 
    processing a request. 

    Different  fees  apply to different categories of requests.  There  are 
    three   basic   groups   of  FOIA  requesters.   The   first   includes 
    representatives  of  the news media,  the educational or  noncommercial 
    scientific  institutions  whose  purpose  is  scholarly  or  scientific 
    research.  Requesters in this category who are 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  group  includes  FOIA  requesters  seeking  records   for 
    commercial use. Commercial use is not defined in the law, but generally 
    includes  profit making activities.  Commercial users pay a  reasonable 
    standard charges for document duplication, search, and review. 
    
    The  third group of FOIA requesters includes everyone not  included  in 
    either  of the first two groups.  People seeking information for  their 
    own  use,   public interest groups,  and non-profit  organizations  are 
    examples of requesters who fall into the third group. Charges for these 
    requests  are  limited  to  reasonable standard  charges  for  document 
    duplication  and search.  No review charges may be imposed.   The  1986 
    amendments did not change the fees charged to these requesters. 
    
    Small requests are free to requesters in the first and third groups. 
    
    This  includes  all  requesters except commercial users.  There  is  no 
    charge  for the first two hours of search time and the first 100  pages 
    of  documents.  Noncommercial requesters who limit their requests 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 in  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 cost.  The amount of these charges is included in  the  agency 
    FOIA regulations.  Each agency also sets its own threshold for  minimum 
    charges. 
    
    The 1986  FOIA amendments changed the law on fee waivers. The new rules 
    require  that  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 operation  or 
    activities  of  the government and is not primarily in  the  commercial 
    interest of the requester. 
    
    The  new  rules for fees and fee waivers have created  some  confusion. 
    Determinations  about  fee are separate and apart  from  determinations 
    about  eligibility for fee waivers.  For example,  a  news reporter may 
    only be charged duplication fees and may ask that the duplication  fees 
    be  waived.   There is no need for a reporter to ask for  a  waiver  of 
    search and review costs because search and review costs are not charged 
    to reporters. 
    
    Only  after  a requester has been categorized to  determine  applicable 
    fees does the issue of a fee waiver arise. A  requester who seeks a fee 
    waiver  should  include  a  separate request in  the  original  request 
    letter. The requester should describe how disclosure will contribute to 
    the  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 charged only  duplication 
    costs  may  still ask that the charges be waived because of the  public 
    benefits that will result from disclosure.  Representatives of the news 
    media  and  public  interest groups are very likely to  qualify  for  a 
    waiver  of  fees.   Commercial users will find  it  more  difficult  to 
    qualify. 
    
    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 the government. 
    Another  important  factor is 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. 
     

    REQUIREMENTS FOR AGENCY RESPONSES: 
    ----------------------------------
    
    Each  agency  is  required  to determine  within  10   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 for records is 
    denied  in  whole or in part,  the agency must tell the  requester  the 
    reason  for the denial.  The agency must also tell the  requester  that 
    there  is a right to appeal ny adverse determination to the head of the 
    agency. 
    
    The  FOIA permits agencies 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.  Agencies are  suppose  to  notify  the 
    requester whenever an extension is invoked. 
    
    The  statutory time limit for responses are not always  met.   Agencies 
    sometimes  receive an unexpectedly large number of FOIA requests at one 
    time  and  are  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 limit.  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 a request to be denied if it has not been decided 
    within  the  time  limit.   This  permits  the  requester  to  file  an 
    administrative appeal.  However,  this is not always the best course of 
    action.   The filing of an administrative or judicial appeal  does  not 
    normally result in any faster processing of the request. 
    
    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  FOIA office about how to ask for  expedited  treatment  of 
    requests. 
   

    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 government, or other important interest. 
    
    A  record  that does not qualify as an "Agency record"  may  be  denied 
    because only the agency records are available under the FOIA.  Personal 
    notes of agency employees may be denied on that basis. 
    
    An  agency may withhold exempt information,  but 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 portion 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. 
    
    
    EXEMPTION 1: CLASSIFIED DOCUMENTS
    --------------------------------- 
    
    The  first FOIA exemption permit the withholding of properly classified 
    documents.  Information may be classified to protect it in the interest 
    of  national  defense  or foreign policy.  Information  that  has  been 
    classified  as  "confidential,"  "Secret,"  or "Top Secret"  under  the 
    procedures  of  the  Executive Order on  Security  Classifications  can 
    qualify under the first exemption. 
    
    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 the President's rules,  the document can  be 
    withheld from disclosure. 
    
    Classifies  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 Classifications establishes a 
    special procedure for requesting the declassification of documents.  If 
    a requested document is declassified, it can be released in response to 
    an FOIA request.  However, a  document that was formerly classified may 
    still be exempt under other FOIA exemptions. 
    
    
    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 a trivial administrative  matter  of  no 
    genuine  public  interest.   A  rule governing lunch hours  for  agency 
    employees is an example.  

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


    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 exemption three,   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   law 
    designating  identifiable  census  data  as  confidential.   Whether  a 
    particular statute qualifies under exemption 3 can be a difficult legal 
    determination. 


    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 the data qualifies for withholding if disclosure 
    by  the government would be likely to harm the competitive position  of 
    the  person  who  submitted the information.  Detail information  on  a 
    company's market 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 than an agency created  on 
    its own cannot normally be withheld under exemption four. 
    
    Although  there is no formal requirement under the FOIA,  any  agencies 
    will  notify a submitter of a business information that  disclosure  of 
    the  information is being considered.  The submitted can 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 require disclosure of information.   A 
    reverse FOIA lawsuit may be filed when a submitter of documents and the 
    government disagree whether the information is confidential. 
    

    EXEMPTION 5: INTERNAL GOVERNMENT COMMUNICATIONS
    -----------------------------------------------

    The  FOIA's fifth exemption applies to internal  government  documents. 
    One 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  exemption  is  to  safeguard  the   deliberate 
    policymaking process of the government.  The exemption encouraged frank 
    discussions  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 policymaking 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 the 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 lawyer are exempt in the same way that papers prepared 
    by  private lawyers for clients are not available through discovery  in 
    civil litigation. 

    
    EXEMPTION 6: PERSONAL PRIVACY 
    -----------------------------

    The sixth exemption covers personnel,  medical,  and similar files that 
    the disclosure of which would constitute a clearly unwarranted invasion 
    of   privacy.   This  exemption  protects  the  privacy  interests   of 
    individuals  by allowing an agency to withhold from disclosure intimate 
    personal  data kept in government files.  Only individuals have privacy 
    interests.   Corporations and other legal persons have no privacy right 
    under the sixth exemption. 
    
    The  exemption  requires  agencies  to  strike  a  balance  between  an 
    individual's privacy interests 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  over 
    exemption.   Nevertheless,  the sixth exemption makes it hard to obtain 
    information  about  another  individual  without  the  consent  of  the 
    individual. 
    
    The  Privacy  Act  of 1974  also regulates the disclosure  of  personal 
    information about individuals.  The FOIA and the Privacy Act overlap in 
    part,  but there is no inconsistency. Individuals seeking records about 
    themselves  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. 
    
    
    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 law enforcement records that 
    could reasonably be expected to interfere with enforcement proceedings. 
    This  exemption  protects active law  enforcement  investigations  from 
    interference from premature disclosure. 
    
    Exemption  (7)(B)   allows the withholding of  information  that  would 
    deprive  a  person  of  a  right  ta  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)  refers  only  to 
    unwarranted  invasions  of  personal  privacy rather  than  to  clearly 
    unwarranted invasions. 
    
    Exemption  (7)(D)   protects  the  identity  of  confidential  sources. 
    Information that could reasonable be expected to reveal the identity of 
    a confidential source is exempt.  A confidential source can be a state, 
    local  or  foreign agency or authority,  or a private institution  that 
    furnished  the 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. 
     
    
    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, or the Federal Reserve, or similar agencies. 
     

    EXEMPTION 9: GEOLOGICAL INFORMATION
    -----------------------------------

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

    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." 
    However,   these  exclusions do not broaden the ability of agencies  to 
    withhold documents. 
    
    The exclusions allow agencies to treat certain exempt records as if the 
    records  were  not subject to the FOIA.  Agencies are not  required  to 
    confirm the existence of three specific categories of records. If those 
    records are requested, agencies may state that there are no disclosable 
    records  responsive  to the request.  However,  these  exclusions  give 
    agencies no authority to withhold additional categories of  information 
    from the public. 
    
    The  first exclusion is triggered when a request seeks information that 
    is exempt because disclosure could reasonably be expected to  interfere 
    with  a  current  law enforcement investigation.   There  are  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 a 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 record -  as  distinguished 
    from  the  contents  of the record - could reasonably  be  expected  to 
    interfere with enforcement proceedings. 
    
    When  all three of these conditions are present,  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 pr personal 
    identifier.   The  agency  is not required to 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 applies only to records maintained by the  Federal 
    Bureau of Investigation which pertain to foreign intelligence,  counter 
    intelligence,  or international terrorism.  When the existence of those 
    types  of records is classified,  the FBI may treat the records as  not 
    subject to the requirements of the 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  record 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. 
     

    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 fee waiver.  A  requester may 
    contest the type or amount of the fees that were charged.  A  requester 
    may  appeal any other 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 partial denial.  If any agency has agreed to disclose  some 
    but  not all of the requested documents,  the filing of an appeal  does 
    not affect the release of the documents that are disclosable. There are 
    no risks to the requester in filing an appeal. 
    
    The appeal to the head of an 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 latter can file an appeal.  Appeals to the  head 
    of  an agency often result in the disclosure of some records that  have 
    been   withheld.    A   requester  who  is  not  convinced   that   the 
    agency'sinitial  decision is correct should appeal.  There is no charge 
    for filing an appeal. 
    
    An  appeal is files 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." 
    
    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  it 
    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 argument 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 it 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 
    document. 
    
    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  had  been denied and may proceed with a  judicial  appeal. 
    However, unless there is an urgent need for records, this is not always 
    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 
    limit. 


    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 files 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 the 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  cost 
    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 not been included.   Anyone 
    considering  filing an appeal can begin by reviewing the provisions  of 
    the FOIA on judicial review 

    -----------------------------------------------------------------------
                 T H E   P R I V A C Y   A C T   O F   1 9 7 4 
    -----------------------------------------------------------------------
    
    The  Privacy  Act of 1974  provides safeguards against an  invasion  of 
    privacy through misuse of records by federal agencies.  In general, the 
    Act  allows  citizens to learn how records are collected,   maintained, 
    used  and disseminated by the federal government.  The Act also permits 
    individuals  to gain access to most personal information maintained  by 
    the  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. 
    
    The Privacy Act grants rights only to United States citizens and aliens 
    lawfully  admitted  for  permanent residence.  As  a  result,   foreign 
    nationals cannot use the Act's provisions.  However foreigners may  use 
    the FOIA to request records about themselves. 
    
    The  only  records  subject  to  the  Privacy  Act  are  records  about 
    individuals that are maintained in a system of records.  The idea of  a 
    "system  of  records"   in  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 
    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 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 record management requirements 
    for  federal agencies.  In summary,  there are five basic  requirements 
    that are more relevant to individuals. 
    
    First,   agencies 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  right  to inspect and to correct records are  the  most  important 
    provisions of the Privacy Act.  This guide explains in more detail  how 
    an individual ca exercise these rights. 
    
    Second,   agencies  must  publish notices  describing  all  systems  of 
    records.   The notice includes a complete description of  personal-data 
    record  keeping  policies,  practices,  and systems.  This  requirement 
    prevents the maintenance of secret record systems. 
    
    Third,   agencies  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 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 
    agencies keep a record of some disclosures of personal information. 
    
    Fifth,  the Act provides legal remedies that permit individuals to seek 
    enforcement  of rights under the Act.  In addition,  there are criminal 
    penalties  that apply to federal employees who fail to comply with  the 
    Act's provision. 
    
    
    LOCATING RECORDS:
    ----------------- 

    There is no central index of federal government records.  An individual 
    who  wants  to  inspect  records about himself or  herself  must  first 
    identify  which  agency  has  the record.  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 personal records. 
    
    Similarly, an individual who receives veterans'  benefits will normally 
    find  the  related  records at the Veterans Administration  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, and 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 contains a complete list of all federal agencies, a  description 
    of  agency  functions,  and the addresses 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 you 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 
    several dozen Federal Information Centers throughout the country. 
     
    Fourth,  the Office of Federal Register publishes an annual 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.  The information that appears in the compilation 
    is also published occasionally in the Federal Register. 
    
    The  compilation  -  formerly called Privacy Act Issuance  --   may  be 
    difficult to find.  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 the federal government,   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 record being sought.  Large agencies  maintain 
    dozens  or  even hundreds of different record systems.  A   request  is 
    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. 
     
    
    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 request 
    to the head of the agency that has the records or the agency's  Privacy 
    Act  Officer.   The envelope containing the written request  should  be 
    marked "Privacy Act Request" in the bottom left-hand corner. 
    
    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  as  specifically  as possible the records  that  are  wanted. 
    Appendix 1includes a sample Privacy Act request letter.  It is a common 
    practice  for an individual seeking records about himself or herself to 
    make the request both under 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 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  if Investigations 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. 

    Agencies generally require requesters 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. 
    
    Agencies   will   inform  requesters  of   a   special   identification 
    requirement.  Requesters who need records quickly should first  consult 
    regulations ir 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  wish  to 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 be made only 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 if for a parent  or  legal 
    guardian  who can request records for a minor or a person who has  been 
    declared incompetent. 

    FEES: 
    ----- 

    Under  the  Privacy  Act,  fees can be charged only  for  the  cost  of 
    conveying  records.   No fees may be charged for the time it  takes  to 
    search  for the records or 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 cover  search 
    costs and review costs.  The different fee structure in the two laws is 
    one  reason  why many requesters seeking records about themselves  cite 
    both laws. This minimizes allowable fees 

    Many agencies will not charge fees for making copies of files under the 
    Privacy Act, especially when the files are 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. 

    
    REQUIREMENTS FOR AGENCY RESPONSES:
    ----------------------------------

    Unlike  FOIA,  there is no fixed time when an agency must respond to  a 
    request  for  access to records under the Privacy Act.  It  is  a  good 
    practice  for an agency to acknowledge receipt of a Privacy Act request 
    writing  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 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 can be 
    patient. 

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


    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 from 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 only to records but to  a 
    systems 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.  Thus,  there is a procedural 
    prerequisite for the application of the Privacy Act exemptions. 

    Without  reviewing  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  ate  not 
    relevant  to most requests.  Also,  agencies do not automatically  rely 
    upon Privacy Act exemptions unless there is a specific reason to do so. 
    Thus, some records that are exempt may 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 law's detail and for  reference  when  an 
    agency withholds a record.  Anyone interested in more information about 
    the Privacy Act's exemptions can begin by reading the relevant sections 
    of the Act. 
     
    The  Privacy Act's exemptions differ from those of the FOIA in  another 
    important way.  The FOIA in mostly a disclosure law. Information exempt 
    under the FOIA is exempt from disclosure only.  That is not true of the 
    Privacy Act. It imposes many separate requirements on personal records. 
    No system of records 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 records outside  the 
    agency.   No  system  is exempt from the requirements  to  maintain  an 
    accounting  for disclosures.  No system is exempt from the restrictions 
    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.  Agencies must 
    maintain  proper administrative controls and security for all  systems. 
    Finally,  the Privacy Acts'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 genera exemption applies to to selected records  maintained 
    by  an  agency or component whose principal function  is  any  activity 
    pertaining to criminal law enforcement.  Records of these 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 consist only of identifying that and notations  of 
    arrests,  the nature and disposition of criminal charges,   sentencing, 
    confinement,   release,  and parole or 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 these general exemptions may be  exempt 
    from  many of the Privacy Act's requirements.  Exemption from the Act's 
    access  and  correction provisions is the most important.   Individuals 
    have  no right under the Privacy Act to ask for a copy of records  that 
    are generally exempt or to seek correction of erroneous records. 
    
    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 
    of 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 of the Privacy  Act 
    access  exemption  is  applied,  portions if the records 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 not 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 
    many  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  exempt  from the Privacy  Act's  access  and 
    correction  provision.  Nevertheless,  since the access and  correction 
    exemptions are not always applied when available, those seeking records 
    should not being 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  records  systems   containing 
    information that is properly classified. Classified information is also  
    exempt  from  disclosure  under the FOIA.  Information  that  has  been 
    classified  in the interest of national defense or foreign policy  will 
    normally be unavailable under either the FOIA or the Privacy Act. 
    
    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 how 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  27th,   1975),   an implied promise of  confidentiality  is 
    sufficient to permit withholding of the source. 
    
    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 of 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 how provided the information under 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 provision. However, the Privacy Act authorized 
    a  special  procedure for medical records that operated,  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 reviews medical 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 possible to 
    another person chosen by an individual. 
    
    
    4: Litigation Records:
    ----------------------
    
    The  Privacy  Act  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 to a system of records before it can be used. 
    
    
    ADMINISTRATIVE APPEAL PROCEDURES FOR DENIAL OF ACCESS:
    ------------------------------------------------------ 

    Unlike  the  FOIA,  the Privacy Act does not provide 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 
    files  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  is  improper   or 
    unnecessary. 

    Third,  the appeal should include the requester's name and address.  It 
    is  good  practice  to also include a telephone number when  making  an 
    appeal. Appendix 1 includes a sample letter of appeal. 
    
    
    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  those 
    errors  from being disseminated by the agency or used unfairly  against 
    the individual. 

    The  right to seek a correction extends only to records subject  to  te 
    Privacy  Act.  Also,  an individual can only correct errors in a record 
    that  pertain to himself for 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  procedures  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 the requester to include a  telephone 
    number.  Appendix 1 includes a sample letter requesting amendment of  a 
    Privacy Act record. 


    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 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 files  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. 


    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   an  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  other  Privacy  Act 
    provisions 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  files 
    within two years from which the basis of the lawsuit arose. 
    
    Most  individuals  require  the assistance of an attorney  to  files  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. 
    
    
    ----------------------------------------------------------------------
                              A P P E N D I C E S 
    ----------------------------------------------------------------------


    APPENDIX 1: Sample Request and Appeal Letter
    --------------------------------------------

    
    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 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. See sample descriptions below:) 

    [Sample 1:]  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 
                 commercial use. 
      
    [Sample 2:]  affiliated with an educational or noncommercial scientific 
                 institution  and  this request is made  for  scholarly  or 
                 scientific purposes. 
    
    [Sample 3:]  an individual seeking information for personal use and not 
                 for a commercial use. 
    
    [Sample 4:]  affiliated   with a private  corporation  and  am  seeking 
                 information for use in the Company business. 

    [Optional:]  I am willing to pay fees for this request up to a  maximum 
                 of of $...  If you estimate that the fees will exceed this 
                 limit, please inform me first. 
    
    [Optional:]  I request a waiver of all fees of 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 Freedom of Information Act 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 
    (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: [give specific reasons.] 
                    
      [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  the  public  understanding  of   the 
                   operations  or  activities of the government and is  not 
                   primarily for commercial interest. (Provide details) 
                   
      [Optional:]  I appeal the decision to require me to pay review  costs 
                   for  this  request.  I  am not seeking the document  for 
                   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 request. 
    
        Sincerely, 
    
                Name 
                Address 
                City, State, Zip Code 
                Telephone Number [optional] 
      
                               
    
    C. PRIVACY ACT REQUEST FOR ACCESS LETTER
    ----------------------------------------


    Privacy 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 record [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 LETTER
    -------------------------------------- 


    Agency Head, or Appeal Office 
    Name of Agency 
    Address of Agency 
    City, State, Zip Code 
    RE: Appeal of Denial of Privacy Act 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: 
    (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... (give explanation) 

      [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 request. 
    
        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 information as specifically as possible.] 
    
      The   information   is   not   (accurate)(relevant)(timely)(complete) 
    because... (give detailed explanation) 
    
      [Optional:]  Enclosed  are  copies of documents that  show  that  the 
                   information is incorrect. 
                   
                   I  request that the information be (deleted)(changed  to 
                   read: [Give changes]) 

    
      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 Office 
    Name of Agency 
    Address of Agency 
    City, State, Zip Code 
    RE: Privacy Act Appeal Request to Amend Records
    
    Dear ...: 
    
      This  appeal  is made under the Privacy Act of the  refusal  of  your 
    agency to amend records as I requested. 

      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...  (give 
    specific details.) 
    
      [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 request. 
    
        Sincerely, 
    
                Name 
                Address 
                City, State, Zip Code 
                Telephone Number [optional] 

    
    
    -----------------------------------------------------------------------
                    F E D E R A L   F O I A   O F F I C E S 
    -----------------------------------------------------------------------

    The  Office of Information and Privacy (OIP)  is the principal  contact 
    point  within  the executive branch for advice and policy  guidance  on 
    matters pertaining to the administration of the Freedom of  Information 
    Act  (FOIA).  Through OIP's FOIA Counselor service,   experienced  FOIA 
    attorneys  are  available  to  respond  to  FOIA-related  inquiries at:
     
                    Department of Justice 
                    Office of Information and Privacy
                    10th & Constitution Ave., NW, Room 7238
                    Washington, DC 20530
    
                    Telephone: 1-(202)-633-3642. 
   
    
    The following list contains the principal FOIA legal and administrative 
    contacts  at all federal agencies dealing regularly with FOIA  matters. 
    In  some instances (e.g.  the Department of Defense),  all major agency 
    components are listed individually under the agency. In other instances 
    (e.g.  the Food and Drug Administration),  major agency components  are 
    listed  separately.  In still other instances (e.g.  the Department  of 
    Labor), no components are listed, as it is the agency's preference that 
    all FOIA contacts be made through its main FOIA office.
    
    All  telephone  numbers are FTS numbers unless a local code  is  shown. 
    Where  both legal and the administrative contacts (marked "L"  and  "A" 
    respectively),  are the at the same address, the common address follows 
    the name of the administrative contact. OIP should be notified whenever 
    there is a change in a legal or administrative contact or any change in 
    title, telephone number, or address. 



    ACTION 
    ------
    Steward A. Davis (202-634-9333) (L) 
    Deputy General Counsel 
    Ulysses G. Parnell (202-634-9242) (A) 
    Management Analysis Division
    806 Connecticut Ave., NW
    Washington, DC 20525

    
    Administrative Conference of the Unites States
    ----------------------------------------------
    Gary J. Edles (202-254-7020) (L)
    General Counsel
    2120 L St., NW Suite 500
    Washington, DC 20037

    
    Agriculture Department (USDA)
    -----------------------------
    Kenneth E. Cohne (202-447-8164) (L)
    Assistant General Counsel
    Room 2321, South Bldg.
    Washington, DC 20250-1400

    Milton E. Sloan (202-447-8164) (A)
    FOIA/PA Coordinator 
    Room 536A, Administration Bldg.
    Washington, DC 20250


    American Battle Monuments Commission
    ------------------------------------
    Col. William E. Ryan (202-272-0536) (A)
    Director of Operations and Finance
    20 Massachusetts Ave., NW, Room 5127
    Washington, DC 20314-0300

    
    Appalachian Regional Commission 
    -------------------------------
    Joseph E. Napolitano (202-673-7822) (A)
    Special Assistant to the Co-Chairman
    1666 Connecticut Ave., NW
    Washington, DC 20235


    Arms Control and Disarmament Agency
    -----------------------------------
    Fredrick Smith, Jr. (202-647-3442) (A)
    Information/Privacy Officer
    320 21st St., NW, Room 5731
    Washington, DC 20451


    Board for International Broadcasting
    ------------------------------------
    John A. Lindburg (202-254-8040) (L)
    General Counsel
    1201 Connecticut Ave., NW
    Washington, DC 20036


    Central Intelligence Agency (CIA)
    ---------------------------------
    W. George Jameson (703-874-3112) (L)
    Associate General Counsel
    Office of the General Counsel
    John H, Wright (703-351-2770) (A)
    Information and Privacy Coordinator
    Office of Information Services
    Washington, DC 20505


    Commerce Department
    -------------------
    Eric Moll (202-377-5391) (L)
    Chief, General Law Division
    J. Randall Blumenschein (202-377-3271) (A)
    Chief, Mgt. Support DIvision
    Washington, DC 20230


    Commission on Civil Rights
    --------------------------
    William H. Gillers (202-376-8514) (L)
    Solicitor
    1121 Vermont Ave., NW, Room 606
    Washington, DC 20425


    Commodity Futures Trading Commission
    ------------------------------------
    Glynn L. Mays (202- 254-9880) (L)
    Senior Assistant General Counsel
    Edward W. Colbert (202-254-3382) (A)
    Assistant Sec'y to the Commission
    2033 K St., NW
    Washington, DC 20581


    Consumer Product Safety Commission
    ----------------------------------
    Alan C. Shakin (202-492-6980) (L)
    Assistant General Counsel
    Todd A. Stevenson (202-492-5785) (A)
    FOIA Officer
    5401 Westbard Ave.
    Washington, DC 20207

    
    Council on Environmental Quality
    --------------------------------
    Edward Yates (202-395-5754) (A)
    Staff Attorney
    Office of the General Counsel
    722 Jackson Pl, NW
    Washington, DC 10503


    Customs Service
    ---------------
    Kathryn C. Peterson (202-566-8681) (L)
    Chief, Disclosure Law Branch
    Gerald Crowley (202-566-8681) (A)
    Paralegal Specialist
    1301 Constitution Ave., NW
    Washington, DC 20229


    Defense Department (DOD)
    ------------------------
    Maurice E. White (202-695-6804) (L)
    Senior Attorney
    OGC/LC, Room 3E988
    Charlie Y. Talbott (202-697-1180) (A)
    Chief, FOIA Division
    OASD (PA), Room 2C757
    The Pentagon
    Washington, DC 20301

    AIR FORCE: 
    
    Susan P. Hotchkiss (202-475-7637) (L)
    HQ USAF/JACL
    Washington, DC 20324-1000

    Richard C. Harding (202-694-4075) (L)
    HQ USAF/JACM Room eE409
    John C. Wren (202-695-6552) (L)
    Office of General COunsel, Room 4c941
    Barbara Carmichael (202-695-4992) (A)
    SAF/AADADF, Room 4A1088C
    The Pentagon
    Washington, DC 20330

    ARMY:

    B.A. Wilkinson (202-697-8029) (L)
    Office of General Counsel, Room 2E725
    The Pentagon
    Washington, DC 20310-0104

    Janet W. Charvat (202-694-4316) (L)
    Administrative Law Division
    The Pentagon, Room 2E433
    Washington, DC 20310-2200

    Edith M. Miley (202-325-6163) (A)
    FOIA/PA Division
    USAISC-P(ASQNS-OP-F)
    Room 1146, Hoffman 1
    Alexandria, Va 22331-00301

    MARINE CORPS:

    Darrel L. Moore (202-694-2510) (L)
    Judge Advocate Division
    HQMC (JAR), Room 1102
    B.L Thompson (202-694-4008) (A)
    Management Information Systems Division
    HQMC (Code M1-10), Room 4327, Navy Annex
    Washington, DC 20380

    NAVY:

    Jane Virga (202-325-9860) (L)
    Office of the Judge Advocate General
    200 Stoval St.
    Alexandria, VA. 22332

    Roger T. MacNamara (202-692-7172) (L)
    Office of General COunsel, Room 480
    Crystal Plaza 5
    Washington, DC 20360-5110

    Gwen R. Aitken (202-697-1459) (A)
    CNO (OP-09B30)
    The Pentagon, Room 5E521
    Washington, DC 20350-2000


    Defense Intelligence Agency (DIA)
    ---------------------------------
    Robert S. Gonzales (202-697-3945) (L)
    Assistant General Counsel
    The Pentegon, Room 2E238
    Robert C. Hardzog (202-373-8361) (A)
    Chief, FOIA.PA Staff, RTS-1B
    Washington, DC 20340


    Defense Logistics Agency 
    ------------------------
    Dave Henshall (202-274-6234) (A)
    Administrative Management Branch
    DLA-XAM, Cameron Station
    Alexandria, Va 22304-6100


    Education Department
    --------------------
    Robert Wexler (202-732-2690) (L)
    Office of the General Counsel, Room 4122
    Alexia J. Roberts (202-732-4568 (A)
    Office of Public Affairs, Room 2089
    FOB 6, 400 Maryland Ave., SW
    Washington, DC 20202


    Energy Department (DOE)
    -----------------------
    Ralph D, Goldenberg (202-586-8665) (L)
    Assistant General Counsel
    John H. Carter (202-586-5955) (A)
    1000 Independence Ave., CW
    Washington, DC 20585


    Environmental Protection Agency (EPA)
    -------------------------------------
    Marlyne Lipfert (202-382-5460) (L)
    Office of General Counsel (LE-132G)
    Jeralene G., Green (202-382-4048) (A)
    FOIA Officer (A-101)
    401 M St., SW
    Washington, DC 20460


    Equal Employment Opportunity Commission (EEOC)
    ----------------------------------------------
    Nicholas M. Inzeo (202-634-6592) (L)
    Assistant Legal Counsel
    2401 E St., NW, Room 214
    Washington, DC 20507


    Executive Office of the President, 
    Office of Administration
    ----------------------------------
    Arnold Intrater (202-456-2273) (L)
    General Counsel
    472 Old Executive Bldg.
    Washington, DC 20500

    Neil W. Doering (202-395-3367) (A)
    Chief, Records and Publications Management Branch
    2200 New Executive Bldg.
    Washington, DC 20503


    Export-Import Bank
    ------------------
    Stephen G. Glazer (202-566-8864) (L)
    Associate General Counsel
    811 Vermont Ave., NW, Room 957
    Washington, DC 20571


    Farm Credit Administration (FCA)
    --------------------------------
    James M. Morris (202-883-4020) (L)
    Office of General Counsel
    Ronald H. Erickson (202-883-4113) (A)
    FOIA Officer
    Office of Cong. and Public Affairs
    1501 Farm Credit Dr.
    McLean, VA 22102-5090

    
    Federal Communications Commission (FCC)
    ---------------------------------------
    Lawrence S. Schaffner (202-632-6990) (L)
    Assistant General Counsel
    1919 M St., NW, Room 622
    Washington, DC 20554

    
    Federal Deposit Insurance Corporation (FDIC)
    --------------------------------------------
    Thomas A. Schulz (202-898-7267) (L)
    Assistant General Counsel
    M. Jane Williamson (202-898-3712) (A)
    Assistant Executive Secretary 
    550 17th st., NW
    Washington, DC 20429


    Federal Election Commission
    ---------------------------
    Vincent J. Convery, Jr. (202-376-5690) (L)
    Office of General COunsel
    Fred S. Eiland (202-376-3155) (A)
    FOIA Officer
    999 E St., NW
    Washington, DC 20463


    Federal Emergency Management Agency
    -----------------------------------
    Lorri L. Jean (202-646-4093) (L)
    Associate General Counsel, Room 840
    Linda M. Keener (202-646-3840) (A)
    FOIA/PA Specialist, Room 840
    500 C St., SW
    Washington, DC 20472


    Federal Energy Regulatory Commission 
    ------------------------------------
    Kathleen McDonough (202-357-8002) (L)
    Office of General Counsel, Room 4400
    Victoria R. Calvert (202-357-8088) (A)
    Director, Public Affairs, Room 9200
    825 N. Capitol St., NE
    Washington, DC 20426


    Federal Home Loan Bank Board
    ----------------------------
    William L. Van Lenten (202-906-6773) (L)
    Assistant General Counsel
    1700 G St., NW 
    Washington, DC 20552


    Federal Home Loan Mortgage Corporation
    --------------------------------------
    Keith H. Earley (202-759-8414) (L)
    Assistant General Counsel
    P.O. Box 4115
    Reston, VA 22090


    Federal Labor Relations Authority
    ---------------------------------
    William E. Persina (202-382-0781) (L)
    Acting Solicitor, Room 222
    David L. Feder (202-382-0834) (A)
    Assistant General Counsel, Room 326
    500 C St., SW
    Washington, DC 20424


    Federal Maritime Commission
    ---------------------------
    Joseph C. Polking (202-523-5725) (A)
    Secretary 
    1100 L St., NW, Room 11101
    Washington, DC 20573


    Federal Mediation and Conciliation Service
    ------------------------------------------
    Ted M. Chaskelson (202-653-5305) (L)
    General Counsel
    2100 K St., NW
    Washington, DC 20427


    Federal Mine Safety and Health Review Commission
    ------------------------------------------------
    Richard Baker (202-653-5625) (L)
    Executive Director
    1730 K St., NW, Room 614
    Washington, DC 20006


    Federal Reserve Board
    ---------------------
    Elaine M. Boutilier (202-452-2418) (L)
    Legal Division
    20th & C Sts., NW, Room B1051B
    Washington, DC 20551


    Federal Trade Commission
    ------------------------
    Marc Wineman (202-326-2451) (L)
    Assistant to General Counsel
    Yvette Lewis-Byrd (202-326-2402) (A)
    Sixth St. & Pennsylvania Ave., NW
    Washington, DC 20580


    Food and Drug Administration (FDA)
    ----------------------------------
    Gerald H, Deighton (202-443-1812) (A)
    5600 Fishers Lane, (HFI-30)
    Rockville, MD 20857


    Foreign Claims Settlement Commission
    ------------------------------------
    Judith H Lock (202-653-6155) (A)
    Administrative Officer
    1111 20th St., NW, Room 400
    Washington, DC 20579

    
    General Accounting Office
    -------------------------
    Nola Casieri (202-275-1970) (A)
    441 G St., NW, Room 6800
    Washington, DC 20548


    General Services Administration (GSA)
    -------------------------------------
    Helen C. Maus (202-566-1460) (L)
    Attorney-Advisor
    Barbara M. Williams (202-566-1643) (A)
    18th & F Sts., NW
    Washington, DC 20405


    Health & Human Services Department
    ----------------------------------
    Mary C. McNamara (202-475-0153) (L)
    Office of the General Counsel
    Room 5362, Cohen Bldg.
    330 Independence Ave., SW
    Washington, DC 20201
    
    Russell M. Roberts (202-472-7453) (A)
    Director, FOIA/Privacy Division
    Room 645F, HHH Bldg.
    200 Independence Ave.. SW
    Washington, DC 20201

    
    Housing & Urban Development Division (HUDD)
    -------------------------------------------
    Charles M. Farbstein (202-755-7137) (L)
    Assistant General Counsel, Room 10254
    Doris Warner (202-755-6980) (A)
    Office of Public Affairs, Room 10132
    451 7th St., SW
    Washington, DC 20410


    United States Information Agency
    --------------------------------
    Lorie J. Nierenberg (202-485-8827) (L)
    Assistant General Counsel
    Lola L. Secora (202-485-7499) (A)
    FOIA/PA Officer
    301 4th St., SW
    Washington, DC 20547


    Inter-American Foundation
    -------------------------
    Charles M. Berk (202-841-3812) (L)
    General Counsel
    Melvin Asterken (202-841-3812) (A)
    FOIA Officer
    1515 Wilson Blvd.
    Rosslyn, VA 22209


    Interior Department
    -------------------
    John D. Trezise (202-343-5216) (L)
    Assistant Solicitor
    18 & E Sts., NW
    Washington, DC 20240


    Internal Revenue Service (IRS)
    ------------------------------
    Peter V.  Filpi (202-566-4109) (L)
    Assistant Chief Counsel
    John Fuhrman (202-566-3359) (A)
    Chief, FOIA/PA Branch
    1111 Constitution Ave., NW
    Washington, DC 20224

    
    International Development Cooperation Agency
    --------------------------------------------
    Jan Miller (202-647-8218) (L)
    Assistant General Counsel for Employee 
    & Public affairs, Room 6829
    James L. Harper (202-647-1859) (A)
    Office of Public Inquires, Room 5756
    320 21st St., NW
    Washington, DC 20523


    Interstate Trade Commission
    ---------------------------
    W.W. Gearhart (202-252-1091) (L)
    Assistant General Counsel
    Kenneth R. Mason (202-252-1000) (A)
    Secretary to the Commission
    500 E St., SW
    Washington, DC 20436


    Interstate Commerce Commission
    ------------------------------
    Robert S Burk (202-275-7312) (L)
    General Counsel, Room 5211
    S. Arnold Smith (202-275-7076) (A)
    FOIA/PA Officer, Room 3132
    12the & Constitution Ave., NW
    Washington, DC 20423


    Justice Department (DOJ)
    ------------------------
    Richard L. Huff (202-633-FOIA) (L)
    Daniel J. Metcalfe
    Co-Directors, Room 7238
    Office of Information and Privacy
    Washington, DC 20530

    Rhonda S. Gains (202-633-1938) (A)
    FOIA/PA Section, Room B-327
    Justice Management Division
    Washington, DC 20530

    Antitrust Division
    Leo D. Neshkes (202-633-2692) (A)
    FOIA/PA Officer, Room 3232
    Washington, DC 20530

    Bureau of Prisons
    Renee Barley (202-724-3062) (A)
    FOIA/PA Officer, Room 767 HOLC
    Washington, DC 20534

    Civil Division
    Elizabeth A. Pugh (202-633-3178) (L)
    Federal Programs Branch, Room 3646
    Leonard Schaitman (202-633-3441) (L)
    Appellate Staff, Room 3614

    James M. Kovakas (202-633-2319) (A)
    FOIA/PA Office, Room 3343
    Washington, DC 20530

    Civil Rights Division
    Nelson D. Hermilla (202-633-2319) (A)
    Chief, FOIA/PA Branch, Room 7266
    Washington, DC 20530

    Criminal Justice Division
    L. Jeffery Ross (202-786-4637) (A)
    Chief, FOIA/PA Unit, Room 3126 BOND
    Washington, DC 20005

    Drug Enforcement Agency (DEA)
    John H. Langer (202-633-1396) (A)
    Chief, FOIA Section, Room 200 EYE
    Washington, DC 20537

    Executive Office for U.S Attorneys
    Margaret A. Smith (202-272-9826) (A)
    Attorney-in-charge, Room 6410 PAT
    Washington, DC 20530

    Federal Bureau of Investigations (FBI)
    Emil P. Moschella (202-324-5520) (A)
    Chief, FOIA/PA Section, Room 6296 JEH
    Washington, DC 20535

    Immigration and Naturalization Service
    Russell A. Powell (202-633-1554) (A)
    FOIA/PA Section, Room 5056 CAB
    Washington, DC 20536

    
    Land and Natural Resources Division
    -----------------------------------
    Anne H. Shields (202-633-2586) (A)
    Section Chief, Room 2133
    Washington, DC 20530


    Marshals Service
    ----------------
    Florastine P. Graham (202-307-9054) (A)
    FOIA/PA Officer
    600 Army Navy Drive
    Arlington, VA 22202-4210


    Parole Division
    ---------------
    Janice G, McLeod (202-492-5959) (A)
    5550 Friendship Blvd., Room 420
    Chevy Chase, MD 20815


    Tax Division
    ------------
    J. Brian Ferrel (202-724-6423) (L)
    Assistant Chief, CTS, 
    Central Region, Room 6124 JCB
    Pamela Jones (202-724-7419) (A)
    FOIA Unit, Room 6823 JCB
    Washington, DC 20530
    

    Labor Department
    ----------------
    Miriam McD. Miller (202-523-8188) (L)
    Office of the Solicitor, Room N-2428
    200 COnstitution Ave., NW
    Washington, DC 20210


    Legal Services Corporation
    --------------------------
    Joanne Gretch (202-863-1823) (L)
    FOIA Officer
    400 Virginia Ave, SW
    Washington, DC 20024-2751


    Library of Congress
    -------------------
    Dorthy M. Schrader (202-707-8380) (L)
    General Counsel
    William C. Froelich (202-707-8380) (A)
    Copyright Office, Department 17
    1st St. & Independence Ave., SE
    Washington, DC 20540


    Merit Systems Production Board
    ------------------------------
    Michael K. Martin (202-653-8261) (L)
    Office of the General Counsel
    Michael H. Hoxie (202-653-7200) (A)
    Director, Information Services Division
    1120 Vermont Ave., NW
    Washington, DC 20419

    
    National Aeronautics and Space Administration (NASA)
    ----------------------------------------------------
    George E. Reese (202-453-2465) (L)
    Associate General Counsel (Code GG)
    Patricia M. Riep (202-453-2939) (A)
    FOIA Officer (Code LN)
    400 Maryland Ave., SW
    Washington, DC 20546


    National Credit Union Administration
    ------------------------------------
    Hattie M. Ulan (202-682-9630) (L)
    Office of the General Counsel
    1776 G St., NW
    Washington, DC 20456


    National Endowment for the Arts (NEA)
    -------------------------------------
    Arthur A. Warren (202-682-5418) (L)
    Deputy General Counsel
    1100 Pennsylvania Ave., NW
    Washington, DC 20506


    National Endowment for the Humanities (NEH)
    -------------------------------------------
    Rex O. Arney (202-786-0322) (L)
    General COunsel
    1100 Pennsylvania Ave., NW
    Washington, DC 20506


    National Labor Relations Board
    ------------------------------
    John W. Hornbeck (202-254-9350) (L)
    Office of the General Counsel, Room 1107
    John J. Toner (202-254-9430) (A)
    Associate Executive Secretary, Room 701
    1717 Pennsylvania Ave., NW
    Washington, DC 20570


    National Mediation Board
    ------------------------
    Ronald M. Etters (202-523-5944) (L)
    General Counsel
    1425 K St., NW, Suite 910
    Washington, DC 20572


    National Railroad Passenger Corporation (AMTRAK)
    ------------------------------------------------
    William F. Erkelenz (202-383-3975) (L)
    General Solicitor
    Medaris W. Oliveri (202-383-2728) (A)
    FOIA Officer
    400 N, Capitol St., NW
    Washington, DC 20001


    National Science Foundation
    ---------------------------
    Lewis E. Grotke (202-357-9435) (L)
    Assistant General Counsel, Room 501
    Maryellen Schoolmaster (200-357-9494) (A)
    FOIA Officer, Room 527
    1800 G St., NW
    Washington, DC 20550


    National Security Agency (NSA)
    ------------------------------
    Vito T. Potenza (301-688-6054) (L)
    Assistant General Counsel/Litigation
    James V. Pasquarelli (301-688-6527) (A)
    Chief, Information Policy Division
    Ft. George C. Meade, MD 20755-6000


    National Security Council (NSC)
    -------------------------------
    Nicholas Rostow (202-456-6538) (L)
    Legal Adviser
    378 Old Executive Office Bldg.
    Nancy V. Menan (202-395-3103) (A)
    Senior Director of FOIA
    375 Old Executive Office Bldg.
    Washington, DC 20506


    National Transportation Safety Board
    ------------------------------------
    Ronald S. Battocchi (202-382-6546) (L)
    Office of General Counsel, Room 818
    B. Michael Levins (202-382-6700) (A)
    Bureau of Administration, Room 802
    800 Independence Ave., SW
    Washington, DC 20594


    Nuclear Regulatory Commission (NRC)
    -----------------------------------
    Mary Katherine Hembree (202-492-1559) (L)
    Attorney, Office of General Counsel
    Linda L. Robinson (202-492-8133) (A)
    Chief, FOIA/LPDR
    Washington, DC 20555
    

    Occupational Safety and Health Review Board 
    -------------------------------------------
    Earl R. Ohman, Jr. (202-634-4015) (L)
    General Counsel
    Linda A. Whitsett (202-634-7943) (A)
    1825 K St., NW
    Washington, DC 20006


    Office of Federal Inspector for Alaskan Natural Gas Pipeline
    ------------------------------------------------------------
    Nancy M. Ellett (202-586-4669) (A)
    Administrative Officer, Code FA-1
    1000 Independence Ave., SW
    Washington, DC 20585


    Office of Management and Budget
    -------------------------------
    Mac Reed (202-395-5600) (L) **
    Assistant General Counsel
    464 Old Executive Office Bldg.
    Darrel A. Johnson (202-395-7250) (A)
    Assistant Director for Administration
    9026 New Executive Office Bldg.
    Washington, DC 20503

    ** For policy guidance on the Privacy Act 
       and on FOIA fee matters, contact OMB's 
       Robert N. Veeder, at 202-395-4814

   
    Office of Personnel Management
    ------------------------------
    Kathleen O. Martin (202-632-4632) (L)
    Office of General Counsel
    Charles R. Chesek (202-632-2860) (A)
    1900 E St., NW
    Washington, DC 20415


    Office of Science & Technology Policy
    -------------------------------------
    Barbara J. Diering (202-395-7347 (A)
    Special Assistant
    5013 New Executive Office Bldg.
    washington, DC 20506


    Office of U.S. Trade Representative
    -----------------------------------
    Dorothy S. Balaben (202-395-3432) (A)
    FOIA Officer
    600 17th St., NW
    Washington, DC 20506


    Office of the Vice President
    ----------------------------
    Diane G. Weinstein (202-456-2326) (L)
    Counselor to the Vice President
    271 Old Executive Office Bldg.
    Washington, DC 20501


    Overseas Private Investment Corporation
    ---------------------------------------
    Herbert A. Glaser (202-457-7015) (L)
    Office of the General Counsel
    1615 M St.,, NW
    Washington, DC 20527


    Panama Canal Commission
    -----------------------
    John L. Haines, Jr. (011-507-527511) (L)
    General COunsel
    (Balboa, Panama)
    APO Miami, Fl 34011-5000

    Barbara A. Fuller (202-634-6441) (A)
    Assistant to the Secretary for Commission Affairs
    2000 L St., NW, Suite 550
    Washington, DC 20036-4996


    Peace Corps
    -----------
    Robert L. Martin (202-254-3114) (L)
    Associate General Counsel
    John M. von Reyn (202-254-6020) (A)
    1990 K St., NW
    Washington, DC 20526


    Pension Benefit Guaranty Corporation 
    ------------------------------------
    Philip R. Hertz (202-778-8821) (L)
    Office of the General Counsel, Room 7218
    E. William Fitzgerald (202-778-8840) (A)
    Disclosure Officer, Room 7016
    2020 K St., NW
    Washington, DC 20006


    Pennsylvania Avenue Development Corporation
    -------------------------------------------
    Staff (202-724-9091) 
    1331 Pennsylvania Ave., NW
    Suite 1220 North
    Washington, DC 20004


    Postal Service
    --------------
    Charles D. Hawley (202-268-2971) (L)
    Assistant General Counsel
    Philip J.G. Skelly (202-268-2924) (A)
    Records Officer
    475 L'Enfant Plaza West, SW
    Washington, DC 20260


    Railroad Retirement Board
    -------------------------
    Karl T. Blank (312-386-4941) (L)
    Bureau of Law
    LeRoy F. Blommaert (312-386-4548) (A)
    FOIA Officer
    844 Rush St.
    Chicago, IL 60611


    Securities & Exchange Commission
    --------------------------------
    Richard M. Humes (202-272-2454) (L)
    Assistant General Counsel
    Hannah R. Hall (202-272-7422) (A)
    FOIA Officer
    450 5th St., NW
    Washington, DC 20549


    Selective Service System
    ------------------------
    Henry N. Williams (202-724-1167) (L)
    General Counsel 
    1023 31st St., NW
    Washington, DC 20435


    Small Business Administration
    -----------------------------
    Mona K. Mitnick (202-653-6762) (L)
    Office of General COunsel
    Beverly K. Linden (202-653-6460) (A)
    Chief, Office of FOIA/PA
    1441 L St., NW
    Washington, DC 20416


    Social Security Administration
    ------------------------------
    David Hartly (202-625-3133) (L)
    Office of General Counsel, 
    Room 614, Altmeyer Bldg.
    Timothy D. Robertson (202-625-2736) (A)
    FOIA Officer, Room 4100 Annex
    6401 Security Blvd.
    Baltimore, MD 21235


    State Department
    ----------------
    Mary Catherine Malin (202-647-3022) (L)
    Attorney-Adviser, Room 4427A
    Frank M. Machak (202-647-7740) (A)
    FOIA Coordinator, Room 1239
    2201 C St., NW
    Washington, DC 20520


    Tennessee Valley Authority (TVA)
    --------------------------------
    Maureen H. Dunn (615-632-4131) (L)
    Assistant General COunsel
    James A Carmichael (615-632-8018) (A)
    Manager, Office of Public Affairs
    400 West Summit Hill Dr.
    Knoxville, TN 37902


    Transportation Department (DOT)
    -------------------------------
    Robert I. Ross (202-366-9154) (L)
    Office of General Counsel (C-10)
    Rebecca H. Lima (202-366-4542) (A)
    Chief, FOIA Division (A-32)
    400 7th St., SW
    Washington, DC 20590


    Treasury Department 
    -------------------
    Raymond J. McKenna (202-566-2327) (L)
    Office of General Counsel, Room 1414
    Karne B. Cameron (202-566-2789) (A)
    Disclosure Officer, Room 1054
    1500 Pennsylvania Ave., NW
    Washington, DC 20220


    Veterans Affairs Department 
    ---------------------------
    Thomas Gessell (202-233-3584) (L)
    Office of General Counsel (O24K)
    Lynn H. Covington (202-233-3616) (A)
    Director, PMRS (73)
    810 Vermont Ave., NW
    Washington, DC 20420


    The White House
    ---------------
    C. Boyden Gray (202-456-2632) (L)
    Counsel to the President
    1600 Pennsylvania Ave., NW
    Washington, DC 20500


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                      S T A T E   F O I A   O F F I C E S
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          HOW TO USE STATE OPEN RECORDS LAWS - FREEDOM OF INFORMATION
          -----------------------------------------------------------

    Just  as the Freedom of Information Act,  enacted by Congress in  1966, 
    gave  individuals the right to request and receive information held  by 
    the  federal government,  all states have laws giving the public access 
    to their government records. Many of these laws,  often called the Open 
    Record laws, are modeled after the federal act.

    The  state statutes have some similarities.  What is covered under  the 
    act,  for example,  invariably covers all books, maps,  photographs and 
    other   documents  made  or  received  by  any  government  agency   in 
    transaction  with  public business.  And just as the  federal  act  has 
    exemptions  to  the rules,  so do the state laws.  While most  of  them 
    exempt personnel,  medical and other personal files as well as criminal 
    intelligence  information and "trade secrets,"  there are  less  common 
    ones.  For example, in SOuth Dakota,  commercial fertilizer reports are 
    exempt.  In Florida,  information provided to an agency for the purpose 
    of  ride-sharing  arrangements is exempt,  and in New Hampshire,   meat 
    inspection records are closed.
     
    Companies  can  get a wide range of information from the  state's  Open 
    Record  laws.   Here  are a few examples of how these  laws  have  been 
    successfully used at the state level:
    
    
    Bookstore Gets School Reading List 
    ---------------------------------- 
    
    In Maryland,  a bookstore used the state Open Records Law to obtain the 
    required  reading list for various courses at the state  university  in 
    order to stock those books for the coming school year. 

    
    Environmental Group Obtains Damaging Drinking Water Study 
    ---------------------------------------------------------
    
    In New York, and environmental group was able to get reports, analyses, 
    and ÿÿrecords ÿconcerning ÿsoil ÿborings ÿregarding ÿa ÿdrinking ÿwater 
    treatment plant prepared by a consulting firm for the city ÿof ÿNiagara 
    Falls 


    Advertiser Gets State's Mailing List 
    ------------------------------------
    
    Through the Open Record Law in Mississippi, a company wishing to expand 
    its advertising list was able to get a list of all the states residents 
    who had a drivers license. 



    The way laws are administered varies.  Some states have time limits for 
    agencies to respond to requests -- usually between three to ten working 
    days;  others do not.  Some states have administrative review processes 
    available  to individuals who have been denied their request.  In other 
    states a person's only  recourse  is to  go  to court.  Some laws state 
    whether  or  not  the motive of the requester is relevant  in  allowing 
    access  to  records;   some  provide sanctions for  violations  of  the 
    statutes, others do not.
     
    In addition,  several states publish pamphlets explaining their law and 
    how  to  file  a request for records.  New York,  for example,   has  a 
    committee on Open Government composed of members of the government  and 
    the  public.  It furnishes advice to agencies,  the public and the news 
    media and annually reports its recommendations and observations to  the 
    governor  and the legislature.  Unlike the federal act,  which has been 
    amended  only a few times,  state acts are often changed on a  frequent 
    basis.
    
    Information  on a state's FOIA can usually be obtained from the  office 
    of the attorney general.  Listed below are their addresses,   telephone 
    numbers, and some information about the laws and their exemptions.  The 
    common  exemptions  --personal records,  criminal investigation  files, 
    library  and  academic --  are not listed for each state.  Some of  the 
    exemptions that are listed are exempted by other state laws.  

    States may charge fees to cover the cost of searches and/or the cost of 
    copying records.
    


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    S T A T E   F R E E D O M   O F   I N F O R M A T I O N   O F F I C E S 
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                  Alabama : Office of the Attorney General 
                            Alabama State House
                            11 S. Union St.
                            Montgomery, AL 36130

                            205-261-7300

                            Exemptions include income tax returns,  records 
                            of child care facilities,  certain conservation 
                            and natural resource information. 
     
                   Alaska : Office of Attorney General
                            Department of Law
                            P.O. Box K
                            State Capitol
                            Juneau, AK 99811
                            
                            907-465-3600
                            
                            Exemptions because of other state laws include: 
                            geological  and other information submitted for 
                            persons applying to lease or buy land, reports, 
                            logs,   and surveys held by the  Department  of 
                            Natural  Resources  relating to oil  wells  for 
                            which  a  permit  to drill was  issued  by  the 
                            department,   information  contained  in  audit 
                            reports or tax returns.  There is no time limit 
                            for responding to a request.
                            
                  Arizona : Office of Attorney General
                            1275 W. Washington
                            Phoenix, AZ 85997
                            
                            602-542-4266
                            
                            Exemptions   include  consumer  fraud  reports, 
                            racketeering   investigations,    minutes    of 
                            executive sessions of public bodies.
                            
                 Arkansas : Office of Attorney General
                            210 E. Markham St.
                            Heritage West Building
                            Little Rock, AR 72201

                            501-371-2007

                            Exemptions  include  state income tax  records, 
                            grand   jury  minutes.   Records   specifically 
                            declared  open include motor vehicle  citations 
                            and  blood alcohol tests,  payroll  records  of 
                            covered bodies, juvenile court records. Records 
                            must  be  made available within  three  working 
                            days of the time requested. 

               California : Office of Attorney General
                            Department of Justice
                            P.O. Box 944255
                            Sacramento, CA 94244-2550

                            916-322-3360

                            Exemption   include  requests   for   bilingual 
                            election  material,  records of regulations  of 
                            financial  institutions,   records  of  utility 
                            systems development or market of crop  reports, 
                            real estate appraisals,  statements of finances 
                            required by licensing agency. Agencies have ten 
                            working days to comply with requests. If denied 
                            access, an individual may request a review with 
                            the information practices coordinator. 
                             
                 Colorado : Office of Attorney General
                            1525 Sherman St. - 3rd Floor
                            Denver, CO 80203

                            303-866-3611

                            Access may be denied for information pertaining 
                            to   licensing,   specific  details  of   state 
                            research  projects,  real estate appraisals  by 
                            the state before any purchase.  Records must be 
                            turned  over within three working days after  a 
                            request has been made.
                            
              Connecticut : Freedom of Information Commission
                            97 Elm St. - Rear
                            Hartford, CT 06106

                            203-566-5682

                            Exemptions   include  real  estate  appraisals, 
                            collective bargaining, antitrust investigations 
                            and state sales and use tax.  Any person denied 
                            the records requested may appeal to the Freedom 
                            of Information Commission.
                            
                 Delaware : Office of Attorney General
                            820 N. French St. - 8th Floor
                            Wilmington, DE 19801

                            302-571-2500

                            Exemptions include labor negotiations,  records 
                            of  permits  for concealed weapons,   anonymous 
                            contributors to charity. 
                            
     District of Columbia : Office of Corporate Counsel
                            District Building
                            1350 Pennsylvania Ave., NW
                            Washington, DC 20004

                            202-727-6248

                            Exemptions include information related to civil 
                            antitrust investigations, fire loss information 
                            furnished by insurer to fire marshal.   Records 
                            declared open include names,  salaries,   title 
                            and  dates  of employment of all  employees  or 
                            officers of the mayor and an agency.
                            
                  Florida : Office of Attorney General
                            The Capitol
                            Tallahassee, FL 32399-1050

                            904-487-1963

                            Exemption include home addresses, phone numbers 
                            and   photos  of  law  enforcement   personnel. 
                            Records   held  legally  open  include  autopsy 
                            reports,   inspection records of nursing  homes 
                            compiled by the Department of Health, appraisal 
                            reports  of  land acquisitions made by a  city, 
                            vote sheets,  final orders and other  documents 
                            of the Public Service Commission.
                            
                  Georgia : Office of Attorney General
                            Department of Law
                            132 State Judicial Building
                            Atlanta, GA (zip?)

                            404-656-3300

                            Exemptions  include tax returns,  medical  peer 
                            review   group records.   Records declared   to  
                            be   confidential   by   court   decision    or  
                            attorney  general's opinions include:    salary 
                            information of county employees contained  only 
                            in personnel files  and  not  included as  part  
                            of  another public record. 
                            
                   Hawaii : Office of Attorney General
                            Hawaii State Capitol, Room 405
                            Honolulu, HI 96813

                            808-548-4740

                            Exemption  through  other  state  laws  include 
                            applications  for  licenses to  manufacture  or 
                            sell motor vehicles, fire investigation records 
                            of county fire chiefs may be withheld. There is 
                            no time limit for responding to requests.
                            
                    Idaho : Office of Attorney General
                            Boise, ID 83722
                            
                            208-334-2400
                            
                            Exemptions   include  papers  filed  with   the 
                            judicial council  or  masters  appointed by the 
                            supreme court concerning removal, discipline or  
                            retirement of judges or justices.
                            
                 Illinois : Office of Attorney General
                            Springfield. IL 62706

                            217-782-1090

                            Exemption    include   taxpayer    information, 
                            research   data,    proposals  and   bids   for 
                            contracts,  grants and agreements,  architects' 
                            and engineers' plans.
                            
                  Indiana : Office of Attorney General
                            219 State House
                            Indianapolis, IN 46204

                            317-232-6201
                            
                            Exemption    include   information   concerning 
                            research   conducted  under  the  auspices   of 
                            institutions  of higher learning.   Information 
                            that  may be withheld includes negotiations  in 
                            progress   with   industrial,   research,    or 
                            commercial prospects.
                            
                     Iowa : Office of Attorney General
                            Department of Justice
                            Hoover Building
                            Des Moines, IA 50319

                            515-281-5164

                            Exemptions  include  appraisal information  for 
                            possible public land purchase, Iowa Development 
                            Commission  information on industrial prospects 
                            in   negotiations,   and  financial  statements 
                            submitted  to  the state  Commerce  Commission. 
                            Records that have been legally open include the 
                            Book of Accounts required to be kept by  county 
                            auditors, and jury lists.
                            
                   Kansas : Office of Attorney General
                            Kansas Judicial Center - 2nd Floor
                            Topeka, KS 66612

                            913-296-2215

                            Exemption   include  appraisals  of   property, 
                            software  programs,   well samples,   logs  and 
                            surveys,   census  and research  records,   and 
                            records of utility customers.
                            
                 Kentucky : Office of Attorney General
                            Capitol Building
                            Frankfort, KY 40601

                            502-564-7600

                            Exemptions  include  details of  possible  real 
                            estate acquisitions,  prospective locations  of 
                            unannounced  business.   Records  legally  open 
                            include coroner's reports, tax  records  in the 
                            custody of the property valuation administrator 
                            Records  of disciplinary actions of  the  state 
                            board of medical licensure.  A public body must 
                            respond in three working days to a request. 

                Louisiana : Office of Attorney General
                            Department of Justice
                            234 Loyola Building - 7th Floor
                            New Orleans, LA 70112-2096

                            504-568-5575

                            Exemptions  include  tax  return   information, 
                            financial  institution  records,   confidential 
                            miner reports, records in control of supervisor 
                            of  public funds.  Records held open under  the 
                            law  include budget requests of a city  parish, 
                            records of association of public officials.  An 
                            agency  has three working days to respond to  a 
                            request. 

                    Maine : Office of Attorney General
                            State House Station - Six
                            Augusta, ME 04333

                            207-289-3661

                            Exemptions  include  materials that  have  been 
                            exclusively  prepared  for labor  negotiations, 
                            information on hazardous waste. Records legally 
                            open include private appraisal reports obtained 
                            by  the  Bureau  of  Parks  and  Recreation  in 
                            connection with proposed land acquisitions.   A 
                            public official has 10  working days to respond 
                            to a request.
                            
                 Maryland : Office of Attorney General
                            Munsey Building
                            Calvert and Fayette Streets
                            Baltimore, MD 21202-1909

                            302-576-6300

                            Records that may be withheld include details of 
                            state    research   projects,    real    estate  
                            appraisals made for state. Records that must be 
                            withheld    include   confidential   financial, 
                            geological,    data,   professional   licensing 
                            records  of individuals.  Response to a request 
                            must not exceed 30 days. 

            Massachusetts : Office of Attorney General
                            1 Ashburton Place
                            Boston, MA 02108

                            617-727-2200

                            Exemptions include real estate appraisals, name 
                            and  address  of  any person  contained  in  an 
                            application to carry firearms
                            
                 Michigan : Department of Attorney General
                            525 West Ottawa St.
                            Lansing, MI 48913

                            517-373-1110
                            
                            Exemption  include  public bids,   real  estate 
                            appraisals,   archaeological site  information, 
                            records  of any campaign committee.  A   public 
                            body  has  five  working days to respond  to  a 
                            request.
                            
                Minnesota : Office of Attorney General 
                            102 Capitol Building
                            St. Paul, MN 55155
                            
                            612-296-6196
                            
                            Exemptions  include  property  complaint  data, 
                            real estate appraisals, social recreation data, 
                            energy and financial data, public data. 
                            
              Mississippi : Office of Attorney General 
                            P.O. Box 220
                            Jackson, MS 39205

                            601-359-3680
                            
                            Exemptions   include  individual  tax  records, 
                            certain   appraisal  records,    archaeological 
                            records, commercial and financial records. 
                            
                 Missouri : Office of Attorney General
                            Supreme Court Building
                            Jefferson City, MO 65102
                            
                            314-751-3321
                            
                            Exemption  include  records of  state  Militia, 
                            records  of  National Guard,  records of  labor 
                            negotiations. 
                            
                  Montana : Office of Attorney General 
                            Justice Building 
                            215 North Sanders
                            Helena, MT 59620

                            406-444-2026
                            
                            Exemption   include   unfair   trade   practice 
                            investigations,     artificial     insemination 
                            information,  certain vehicle accident reports, 
                            reports   of  financial  institutions  to   the 
                            department of commerce,  and tax records. there 
                            is no time limit for responding to a request.
                            
                 Nebraska : Office of Attorney General 
                            2115 State Capitol Building 
                            Lincoln, NE 68509 

                            402-471-2682
                            
                            Exemption  include  appraisal  and  negotiation 
                            records   concerning   purchase  or   sale   of 
                            property, sales of use tax records,  income tax 
                            records. 
                            
                   Nevada : Office of Attorney General
                            Heroes Memorial Building
                            Carson, NV 89710

                            702-647-4170
                            
                            Exemption  include  certain  vital  statistics, 
                            certain   divorce  records,    certain   prison 
                            commission records. 
                            
            New Hampshire : Office of Attorney General
                            State Capitol Annex
                            25 Capitol Street 
                            Concord, NH 03301-6397

                            603-271-3658

                            Exemptions include certain bank records, Cancer 
                            commission  records,  certain records of  Human 
                            Rights  Commission,   records  of   malpractice 
                            claims,   certain  tax  information.    Records 
                            legally open include city real estate  records, 
                            salary information of school boards. 

               New Jersey : Office of Attorney General
                            Richard Highes Complex Center, CN-080 
                            Trenton, NJ 08625 

                            609-292-4919
                            
                            Exemptions  include  cancer  incident  reports, 
                            certain  records of casino control  commission, 
                            health  department research studies,  audits of 
                            life insurance companies.
                            
               New Mexico : Office of Attorney General
                            P.O. Box 1508 
                            Sante Fe, NM 87504
                            
                            505-827-6000
                            
                            Exemption   include   certain   historical   or 
                            educational    materials,     certain     vital 
                            statistics. 
                            
                 New York : Department of State
                            Committee on Open Government
                            162 Washington Ave.
                            Albany, NY 12231

                            518-474-2518
                             
                            Exemption  include  records that  if  disclosed 
                            would  impair  contract awards  and  collective 
                            bargaining. An agency must respond to a request 
                            within 5 business days of receipt of request. 
                            
           North Carolina : Department of Justice 
                            P.O. ÿBox 629 Raleigh, NC 
                            27602-0629 

                            919-733-3377
                            
                            Exemption   include   certain   bank   records, 
                            commercial   feed  information,    communicable 
                            disease  records,  National Guard records,  tax 
                            records.
                            
             North Dakota : Office of Attorney General
                            State Capitol
                            Bismark, MD 58505

                            701-224-2210 

                            Exemption include air pollution records, health 
                            studies,  medical review records,   legislative 
                            investigation  records,   veterans'    records. 
                            Records legally open include medical  coroner's 
                            records, school district records, state highway 
                            department    records,    water    conservation 
                            commission  records,  state  engineer  records, 
                            records  of charitable records on file with the 
                            Secretary of State. 
                            
                     Ohio : Office of Attorney General
                            State Office Tower
                            30 East Broad Street
                            Columbus, OH 43266-0410

                            614-466-4320
                            
                            Exemptions  include  victim impact  statements, 
                            tax information, statistics concerning veterans 
                            exposure  to caustic agents.   Records  legally 
                            open include city jail logs,  employee  address 
                            and   payroll  records  of  township  trustees, 
                            complaints files with division of real estate. 
                            
                 Oklahoma : Office of Attorney General
                            State of Oklahoma
                            Room 112, State Capitol
                            Oklahoma City, OK 73105

                            405-521-3921
                            
                            Exemption include income tax returns filed with 
                            the  Oklahoma  tax  commission,   certain  bank 
                            records,   income  tax records,  motor  vehicle 
                            accident reports. 
                            
                   Oregon : Department of Justice
                            Justice Building
                            Salem, OR 97310

                            503-378-4400
                            
                            Exemptions include records received or compiled 
                            by superintendent of banks,  mortality studies, 
                            motor    vehicle   accident   reports,     bank 
                            examinations,    corporate   tax   information, 
                            personal property tax returns. 
                            
             Pennsylvania : Office of Attorney General
                            Strawberry Square, 16th Floor
                            Harrisburg, PA 17120
                            
                            717-787-3391
                            
                            Exemptions  include records of the state ethics 
                            commission, records of the judicial inquiry and 
                            review   board,   records  of  the   PA   crime 
                            commission.    Records  legally  open   include  
                            salaries and employment address of commonwealth 
                            employees. 

             Rhode Island : Department of Attorney General
                            72 Pine Street 
                            Providence, RI 02903

                            401-274-4400
                            
                            Exemption   include  charitable   contributions 
                            requesting  anonymity,  collective  bargaining, 
                            all  tax returns,  real estate  appraisals  and 
                            engineering feasibility estimates.
                            
           South Carolina : Office of Attorney General
                            Rembert C. Dennis Building
                            P.O. Box 11549
                            Columbus, SC 29211

                            803-734-3970
                            
                            Exemption include income tax returns,   certain 
                            records of the Board of Financial Institutions, 
                            Board of Dentistry records,  contagious disease 
                            records,   certain  information  given  to  the 
                            Securities Commission,  State Development Board 
                            records. Each public body has 15 day to respond 
                            to a written request.
                            
             South Dakota : Office of Attorney General
                            500 East Capitol
                            State Capitol Building
                            Pierre, SD 57501

                            605-773-3215
                            
                            Exemption    include   commercial    fertilizer 
                            reports,    taxpayer   information,    hospital 
                            inspection   information,   savings  and   loan 
                            association records. 
                            
                Tennessee : Office of Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37219-5025

                            615-741-6474
                            
                            Exemption  include   appraisals  of  real   and 
                            personal property,  bank examinations,  records 
                            of the medical review committee, tax records. 
                            
                    Texas : Office of Attorney General
                            Supreme Court Building  
                            Austin, TX 78711-2548

                            512-463-2100
                            
                            Exemptions  include real and personal  property 
                            purchase appraisals and property price,  agency 
                            reports concerning the supervision of financial 
                            institutions, geological information concerning 
                            wells, personal property tax records, sales use 
                            tax use records.
                            
                     Utah : Office of Attorney General
                            236 State Capitol
                            Salt Lake City, UT 84114
                            
                            801-533-5261
                            
                            Exemptions include income tax returns,  certain 
                            insurance  commission records,  certain  liquor 
                            control   commission  records,   Motor  vehicle 
                            accident  reports,  sales tax returns,  savings 
                            and loan association records.
                            
                  Vermont : Office of Attorney General
                            109 State Street
                            Montpelier, VT 05602
                            
                            802-828-3171
                            
                            Exemptions  include  tax return  records,  real 
                            estate    appraisals,    contract   negotiation 
                            records.  A right to appeal a request denial to 
                            the agency head exists. 
                            
                 Virginia : Office of Attorney General
                            101 North 8th Street
                            Richmond, VA 23219

                            804-786-2071
                            
                            Exemptions: None listed
                            
               Washington : Public Disclosure Commission 
                            403 Evergreen Plaza
                            Mail Stop F-42 
                            Olympia, WA 98505-3342 
                             
                            206-753-1111 

                            Exemptions  Include taxpayer information,  real 
                            estate appraisal,  research data,   information 
                            identifying archaeological sites,  bank  exams, 
                            salary and fringe information survey.
                            
            West Virginia : Office of Attorney General
                            Charleston, WV 25305

                            303-348-2021

                            Exemption   include   motor  vehicle   accident 
                            reports,  labor dispute records,  tax  returns, 
                            bar disciplinary records. 

                Wisconsin : Department of Justice
                            123 West Washington Ave.
                            P.O. Box 7857
                            Madison, WI 53707-7857

                            608-266-3076

                            Exemptions   include  air   pollution   control 
                            records,   savings bank exams,  public  utility 
                            accident reports. 
                            
                  Wyoming : Office of Attorney General
                            123 Capitol Building
                            Cheyenne, WY 82002

                            307-777-7841

                            Exemption  may  include  details  of   research 
                            projects,    real  estate  appraisals.    other 
                            statutory   exemptions  include  motor  vehicle 
                            accident reports,  hospital inspection records, 
                            use tax records.  
                            
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