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.
FOIA Public Liaison Contact Information
To discuss a FOIA issue you have encountered, please contact:
The Public Liaisons can be reached at (202) 229-4040.
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. Make your appeal in writing and mail it to:
Office of the General Counsel, Disclosure Division, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024-2101, Attn: FOIA Appeal.
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.
Judicial Review
You may file a lawsuit in Federal Court if PBGC fails to respond to either your initial request or your appeal within the time limits discussed above; fails to provide you the records you believe you requested; if after your appeal has been decided, you still believe that PBGC has not handled your FOIA request in accordance with the law; or, any other adverse reason. You may file your suit in a Federal District Court in any of the following places: (1) where you reside, (2) where you have your principal place of business (if any), (3) in the U.S. District Court for the District of Columbia, or (4) where the agency records are maintained.
OGIS Mediation Services
As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS in any of the following ways:
Office of Government Information Services
National Archives and Records Administration
{OGIS} 8601 Adelphi Road
College Park, MD 20740-6001
Email: ogis@nara.gov
Web: https://www.archives.gov/ogis
Telephone: 202-741-5770
Facsimile: 202-741-5769
Toll-free: 1-877-684-6448