6209.13,T of C Page 1 of 6 FSH 6209.13 - FREEDOM OF INFORMATION ACT/PRIVACY ACT HANDBOOK ZERO CODE Contents 01 AUTHORITY 02 OBJECTIVE 03 POLICY 04 RESPONSIBILITY 05 DEFINITIONS CHAPTER 10 - FREEDOM OF INFORMATION ACT Contents 11 EXEMPTIONS COMMONLY USED IN FOREST SERVICE 11.1 Exemption 2 11.2 Exemption 3 11.21 Patents 11.22 Cultural Resource Information 11.3 Exemption 4 11.31 Guidelines in Applying Exemption 4 11.4 Exemption 5 11.5 Exemption 6 11.51 Information Protected by Exemption 6 11.52 Information Not Protected by Exemption 6 11.53 Use of Information for Commercial Solicitation 11.6 Exemption 7 11.61 (A) Interference With Law Enforcement 11.62 (B) Deprivation of Right to Fair Trial 11.63 (C) Unwarranted Invasion of Personal Privacy 11.64 (D) Disclosure of Confidential Sources or Information They Provided 11.65 (E) Disclosure of Techniques and Procedures 11.66 (F) Endangering Personnel 11.7 Foreseeable Harm Standard 12 REQUESTS 12.1 Requests Received 12.11 Aggregating Requests 12.2 Description of Records 12.3 Supplying Requested Records. 12.31 Partially Exempt Records 12.32 Records From Outside Sources and Other Agencies 12.33 Release of Information to Congress 12.34 Permitting Requester Access to Original Records 12.35 Creation of New Records 12.4 Extra Copies 12.5 Date of Receipt 12.6 Response Time to Initial Request 12.7 Extension of Response Time 12.71 Failure to Meet Administrative Deadlines 12.72 Authority To Sign Letter of Notification 13 RESPONSE TO INITIAL REQUESTS 13.04 Responsibility 13.04a Deputy Chiefs, Regional Foresters, Stations Directors, Area Director, and Institute Director 13.04b Staff Director, Law Enforcement and Investigations, Washington Office 13.04c Regional Special Agents in Charge 13.1 Content of Response Letters 13.11 Denial of Records 13.12 No Existing Records 13.2 Records Management 13.3 Sending Copies of Requested Records to Washington Office 14 FEES 14.1 Fee Schedule and Charges 14.2 Category of Requesters 14.21 Commercial Use Requesters 14.22 Educational and Non-commercial Scientific Institution Requesters 14.23 Representatives of News Media 14.24 All Other Requesters 14.3 Fees Not Charged for Certain Records and Services 14.4 Instances Where Photographic Reproductions May Be Provided Free 14.5 Number of Copies 14.6 Copies of Computer Programs 14.7 Waiver of Fees and Reduction Charges 14.71 Request for Waiver or Reduced Fees for Search and Duplication 14.72 Factors To Consider When Fees Should Be Waived or Reduced 14.73 Criteria for Waivers of Fees and Charges 14.73a Additional Considerations With Fee Waiver Requests 14.74 Cooperation Between Public and Forest Service Personnel on Requests 14.8 Authority To Deny Waiver or Reduction of Fees 14.81 Content of Denials 14.9 Payment of Fees 14.91 Delinquent Requesters 14.92 Interest Charges 15 APPEAL 16 REPORT FS-6200-E, FREEDOM OF INFORMATION ACT ANNUAL REPORT 16.04 Responsibility 16.04a Freedom of Information Act Officer, Washington Office 16.04b Regional Foresters, Station Directors, Area Director, and Institute Director 16.1 Process for Preparing and Submitting Report 16.12 Procedures for Washington Office, Freedom of Information Act Officer 17 COPIES OF RECORDS. 17.1 Authentication of Copies 17.2 Verification of Copies 17.3 Facilities for Inspecting and Copying Records 17.4 Limitation of Copies 17.5 Disciplinary Sanctions for Improper Withholding of Records 17.6 Retention of Records 18 RESTRICTED RECORDS 18.1 Security Information 18.2 Security Information Used in Historical Research 18.3 For Official Use Only 18.4 Scientific and Technical Information CHAPTER 20 - PRIVACY ACT OF 1974 Contents 20.4 Responsibility 20.41 Freedom of Information Act/Privacy Act Officer. 20.41a Washington Office 20.41b Field Unit 20.42 System Manager 20.43 Employees 21 SYSTEMS OF RECORDS 21.1 Establishing a New System of Records 21.2 Publication of Notice 21.21 Altering Existing Systems of Records 21.3 Forest Service Privacy Act Systems of Records 21.4 Other Agencies' Privacy Act Systems of Records That Affect Forest Service 21.5 Records-Systems Prohibitions 21.6 Criminal Penalties 21.61 Government Contracts 22 EXEMPTIONS FROM ACCESS TO SYSTEMS OF RECORDS 22.1 Special Exemptions 22.2 Two General Exemptions 22.3 Specific Exemptions 22.4 Obtaining an Exemption 23 ACCESS TO RECORDS 23.1 Requests 23.11 Requests Made in Person 23.12 Identification 23.13 Requests Made in Writing 23.14 Third-Party Accompaniment 23.15 Approvals of Access 23.16 Time Limits 23.17 Fees 23.2 Denials of Access 23.21 Appeal of Denied Access 24 COLLECTION OF INFORMATION 24.1 Evaluation 24.11 Question of Need 24.12 Frequency 24.2 Collecting Information From Individuals 24.3 Collecting Information by Interview 24.4 Collecting Information by Form 24.41 Collecting an Individual's Social Security Number 24.42 Collecting Information From Third Parties 24.5 Maintaining Collected Information 24.51 Records Maintained Manually 24.52 Records Maintained in Computerized Form/Electronically 24.53 Standards of Accuracy 24.54 Mailing Lists 24.6 Disclosure of Records 24.61 Accounting of Disclosure 24.62 Access to Disclosure Accounting 24.63 Correspondence 25 AMENDMENTS OF RECORDS 25.1 Requests for Amendment 25.11 Processing Requests 25.2 Approvals 25.3 Denials 25.4 Time Limits 25.5 Appeal of Denied Amendment 26 CIVIL REMEDIES 26.1 Grounds for Civil Action 27 REPORT FS-6200-F, PRIVACY ACT BIENNIAL REPORT 27.1 Exhibits