IF THE FOIA REQUEST IS ERRONEOUSLY RECEIVED DIRECTLY IN THE FIELD:
1. The FOIA liaison/other individual receives a FOIA request directly from the requester.
2. The FOIA liaison calls NOAA FOIA Office to get a FOIA control number and due date.
3. The FOIA liaison prepares Form CD-244, FOIA Request and Action Record, and faxes a copy of the form and incoming request letter to the NOAA FOIA Office, FAX (301) 713-1169.
4. The FOIA liaison logs and processes the FOIA request: polls offices to determine if records exist that are responsive to the request; if some or all of the responsive records appear to be exempt from disclosure, contacts the Office of General Counsel within the region so the records can be reviewed for releasability and redacted accordingly; if fees are applicable, determines the category of the requester, estimated volume of records, and cost in accordance with 15 CFR 4.11 and sends a fee notification letter to the requester notifying the requester of the cost and asking the requester to (a) make check payable to the U. S. Treasury, and (b) send the check to National Oceanic and Atmospheric Administration, Public Reference Facility (OFA56), 1315 East West Highway (SSMC3), Room 10730, Silver Spring, Maryland 20910.
5. If the FOIA liaison determines that the FOIA request cannot be answered within the 20-business-day timeframe established by the E-FOIA Amendments, s/he must notify the requester in writing, document the revised due date, and notify the NOAA FOIA Office of the extension.
6. If all of the responsive documents are releasable, the Field action office prepares and signs the response letter and sends the response letter and responsive documents directly to the requester. If fees are associated with the responsive documents, the NOAA FOIA Office will notify the Field FOIA liaison upon receipt of the check from the requester. At this time, the Field liaison sends the responsive documents to the requester.
7. If the responsive documents are fully or partially denied, the Field FOIA liaison ensures that the response letter is sent to the proper denial official for signature. Upon receipt of the signed response letter from the denial official, the Field FOIA liaison sends the response letter (an appeal clause must be included in the body of the response letter) and the fully or partially denied documents to the requester. If fees are associated with the responsive documents, the NOAA FOIA Office will notify the Field FOIA liaison upon receipt of the check from the requester. At this time, the Field liaison sends the responsive documents to the requester.
8. Upon completion of the FOIA request, the Field FOIA liaison ensures that the Form CD-244 is completed and faxes the completed form and a signed copy of the response letter to the NOAA FOIA Office.
9. If the Field FOIA liaison receives two or more FOIA requests for virtually the same records, the Field FOIA liaisons sends a scanned or electronic copy of ALL material sent in response to the FOIA request to the NOAA FOIA Office. The Electronic FOIA Amendments require that records that are subject to become the subject of multiple FOIA requests, be kept in NOAA's Conventional and Electronic Reading Room, as well as included on NOAA's FOIA Home Page.
10. The FOIA action office maintains the historical file for the
FOIA request for six years, ensuring that an unredacted and a redacted
copy of documents are maintained, when applicable.
IF THE FOIA REQUEST IS RECEIVED AT NOAA HEADQUARTERS FOIA OFFICE:
1. The FOIA Office receives a request by mail, fax, or email.
2. The FOIA Office reviews the request to ensure that it reasonably describe the records sought and to determine the NOAA office(s) that might have responsive documents.
3. The FOIA Office assigns and records a control number, due date, and other pertinent information into the master FOIA log.
3. The FOIA Offices prepares the Form CD-244 and faxes the Form CD-244 and the FOIA request letter to the proper NOAA action office for processing. The FOIA Office maintains a copy of the request letter, Form CD-244, fax transmittal sheet; and fax confirmation sheet in the office files.
4. The FOIA Office enters pertinent information concerning the request in the NOAA's Electronic FOIA Database.
5. The FOIA Office cordinates and responds to all FOIA requests that are sent to more than two line offices.
6. The FOIA Office coordinates NOAA's response to all requests that are transmitted to NOAA from the Department.
7. The response letter is reviewed for proper application of exemptions
and closed out, as well as for material falling in the subsequent request
category that should be maintained in the NOAA Electronic/Conventional
Reading Room.
Return to Table of Contents