Request Determination

The FOIA provides access to all federal agency records (or portions of those records), except those records that are withheld under nine exemptions and three exclusions (reasons for which an agency may withhold records from a requester). The determination letter will advise you of any information that is being withheld pursuant to one or more of the exemptions. When pages are being withheld in their entirety, PBGC will specify the volume of the materials denied and/or, if feasible, the location of excluded material.

Appeals

You may file an administrative appeal, through the Disclosure Office, with the Office of the General Counsel if records responsive to your request are withheld; if you believe that there are records responsive to your request in addition to those records processed by the agency; if your request has not been granted within the time limits set forth in the FOIA; if your request for expedited processing of a fee waiver is denied; or any other adverse determination by the Disclosure Office of your response. You have ninety (90) days from the denial to file your appeal.

Your appeal must be in writing and mailed to:

or sent by email to Disclosure@pbgc.gov. 

There is no specific form or particular language needed to file an administrative appeal. You should include any initial request number assigned to your request, a copy of your initial request, and the response letter provided by the Disclosure Office.

Your letter should explain the reasons for your appeal. For example, if you are appealing because you believe there are additional records that have not been located, you should specify why you think such records exist and, if possible, where you believe they might be located.