The Freedom of Information Act generally provides that any person has a right, enforceable in court, to obtain access to Federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. The only limitations in the statute itself are that the request must be one "which (A) reasonably describes such records and (B) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed . . ." The spirit of FOIA requires agencies to consider under FOIA requests made in any of the three categories listed below:
a. The requester is clearly asking for records and expressly states that the request is being made under FOIA;
b. The requester is clearly asking for records but makes no reference to FOIA; and
c. The requester expressly invokes FOIA but frames the request as one for information, and the information or some of it is contained in existing records.
2. What should I do when I receive a FOIA request directly?
All FOIA requests must be referred to the NOAA FOIA Office for assignment of a FOIA number and due date. The FOIA request is considered "officially received" when the NOAA FOIA Office is notified of its existence. If FOIAs are received by FOIA liaisons in the field, the FOIA liaison calls the NOAA FOIA Office (301) 713-3540 for a FOIA number and due date. Once the liaison types the CD-244, FOIA Request and Action Record, a copy of the form and the incoming letter are FAXED to the NOAA FOIA Office at (301) 713-1169. Also refer to the FOIA Process Workflow diagram in this tutorial.
3. I just received a phone call from someone who wants information under the FOIA. How do I handle this?
All FOIA requesters should be told that their FOIA requests must be in writing. FOIA requesters may send their written requests to the NOAA FOIA Office. The request can also be faxed to the NOAA FOIA Office at (301) 713-1169, or sent by email to FOIA@NOAA.gov. .
4. How long do I have to answer a FOIA request?
Under the provisions of the Electronic FOIA Amendments of 1996, agencies have 20 business days, excluding weekends and Federal holidays, to answer FOIA requests. If the request cannot be answered within 20 business days, the person responding to the FOIA request must request an extension from the FOIA requester, document the request in writing, and inform the NOAA FOIA Office. The NOAA FOIA Office representative will annotate the extended due date.
5. Can I deny a FOIA request which requires a burdensome search and an unusually large volume of records from different offices?
No. The sheer size or burdensomeness of a FOIA request, in and of itself, does not entitle an agency to deny that request.
6. What action can be taken against an employee who improperly denies a FOIA request?
Beyond individual agency personnel procedures, there is a seldom-used
provision contained in subsection (a)(4)(F) of the FOIA which mandates
an investigation by the Special
Counsel of the Merit Systems Protection Board in cases of suspected
"arbitrary or capricious" withholding under the FOIA. Such proceedings
by the MSPB Special Counsel are
initiated automatically after a court (a) orders the production of
agency records improperly withheld, (b) assesses attorney's fees and litigation
costs, and (c) makes "an additional written
finding that the circumstances surrounding the withholding raise questions
whether the agency personnel acted arbitrarily or capriciously with respect
to the withholding." 5 U.S.C.
§552(a)(4)(F).
7. If all the information requested under the FOIA is fully disclosable, who would sign the FOIA response letter?
The FOIA response letter may be signed by an official at the Division Chief level or higher.
8. What is an "authorized denial official?"
An authorized denial official is a NOAA representative who is authorized to sign response letters denying information under any of the 9 exemptions/exclusions of the FOIA. The list of authorized denial officials can be retrieved from the link above, or from the NOAA FOIA Tutorial Home Page. These are the ONLY officials that may sign denial letters to FOIA requesters.
9. Can any harm result from an agency's failure to notify a requester of his administrative appeal rights for records that are partially or fully denied, if no responsive records are found, for denial of fee waivers, or any adverse action?
Yes. The FOIA establishes a two-level process of administrative review
and, to ensure that requesters are able to fully avail themselves of this
process, it explicitly provides that any
agency denial of a request must include written notice of the requester's
right to appeal that denial to the head of the agency. See 5 U.S.C. §552(a)(6)(A)(i).
Thus, an agency which fails
to inform a requester of his administrative appeal rights is in violation
of this statutory requirement.
Beyond that, moreover, is the possibility of a requester seeking immediate
judicial review of a denial, without either party (or the court, for that
matter) having the benefit of that second
level of administrative review. Because a requester is deemed to have
exhausted his administrative remedies if an agency does not make a proper
determination of his request within the
Act's time limits, see FOIA Update, Jan. 1983, at 6.
10. Are there sample letters I can use to answer FOIA requests?
The NOAA FOIA Training Tutorial contains a number of sample letters individuals can use when responding to FOIA requests.
11. When FOIA requests are completed, what do I do with the paperwork?
All FOIA liaisons must send a copy of the completed CD-244, with appropriate signatures, and a copy of the response letter, to the NOAA FOIA Office. Organizations receiving 3 or more FOIA requests for essentially the same record must forward an electronic copy of the response letter AND responsive documentation for inclusion in NOAA's Electronic FOIA Reading Room.
12. How long must I maintain FOIA records?
If your office is the action office, you must maintain the case file for the FOIA request, including a fully releasable set of documents, and a redacted set of documents, if documents were redacted. FOIA files should be maintained for six years.
13. I would like to learn more about FOIA. Is training available?
FOIA training is available from a number of sources. Click on the FOIA Training bullet on the FOIA Training Tutorial Home Page. For personalized training inside of NOAA, contact Jean.Carter.Johnson@noaa.gov or you can reach her on (301) 713-3540. She will need to know the number of people that need to be trained, any particular issues that organizations would like to have addressed as part of that training, the proposed date/duration of the training, and if any participants have special needs.
E-FOIA Implementation Questions
FOIA
Counsel Questions and Answers
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