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NAO
205-14
PROCESSING
REQUESTS UNDER THE FREEDOM OF INFORMATION ACT (FOIA)
Issued
3/28/94; Effective 3/14/94
SECTION
1. PURPOSE.
This
Order provides guidance to all National Oceanic and
Atmospheric Administration (NOAA) elements for processing
requests under the Freedom of Information Act (FOIA).
SECTION
2. REFERENCES.
.01
Department Administrative Order (DAO) 205-14, Processing
Requests Under the Freedom of Information Act, as
amended.
.02
DAO 205-12, Public Information, as amended.
.03
15 Code of Federal Regulations (CFR), Part 4, dated
January 1, 1993, as amended.
SECTION
3. AUTHORITY.
.01
Authority to Release Information. Individuals at
the Branch Chief level or above may release information
for FOIA requests.
.02
Authority to Initially Deny FOIA Information. NOAA's
FOIA Officer, the Director, Procurement, Grants,
and Administrative Services Office, and the Director,
Systems Program Office may initially deny FOIA requests.
Other NOAA officials authorized to initially deny
FOIA information are listed in Appendix 3, 15 CFR
Part 4 (attachment 1).
SECTION
4. RESPONSIBILITIES.
.01
The Office of Administration, Administrative Services
Division, Paperwork Management Branch (PMB) serves
as NOAA's Central FOIA facility. A PMB designee serves
as NOAA FOIA Officer.
.02
The NOAA FOIA Officer shall:
a.
coordinate all FOIA inquiries;
b.
maintain the NOAA FOIA Control System that shows
receipt, status, and resolution of FOIA requests;
c.
initiate Form CD-244, FOIA Information and Action
Record, for requests sent to the NOAA FOIA facility;
d.
assign due dates for completion of all FOIA requests
within the 10-working-day response time established
by the FOIA;
e.
forward FOIA requests to action offices for response
to the requester;
f.
receive copies of answers to FOIA requests that action
offices send to the requester;
g.
ensure that action offices comply with the 10-working-day
response time established by the FOIA;
h.
forward fees collected for processing FOIA requests
to the Finance Services Division, Information Systems
and Finance Office; and
i.
prepare and submit the FOIA Annual Report to Congress
to the Departmental FOIA Officer.
.03
FOIA Liaison Personnel shall:
a.
maintain a log of all FOIA requests in their offices.
The log shall include the NOAA control number assigned
by the NOAA FOIA Officer, name of requester, receipt
date, due date, person to whom the FOIA is assigned,
fulfillment date, exemption information, fees charged,
and fees paid date;
b.
complete the Form CD-244 as required (see attachment
2);
c.
assign the FOIA to the appropriate action office
for response;
d.
ensure that all FOIA requests are completed within
the 10-working-day timeframe mandated by FOIA. If
extensions are necessary, notify the requester and
the NOAA FOIA Officer, and document in writing who
approved the extension and the extension date;
e.
provide the NOAA FOIA Officer with regular status
of outstanding FOIA requests;
f.
notify the NOAA FOIA Officer when he/she is no longer
performing FOIA liaison duties; and
g.
supply the NOAA FOIA Officer with the replacement's
name.
.04
FOIA Action Offices shall:
a.
complete the Form CD-244 as outlined in attachment
2;
b.
search for records responsive to FOIA requests;
c.
review records to determine what information is releasable
and what information should be withheld under the
FOIA exemptions;
d.
calculate the charges associated with answering individual
FOIA requests and notify the requester of any fees
due according to 15 CFR Part 4 and show these amounts
on the Form CD-244;
e.
notify the requester of any fees due before processing
FOIA requests;
f.
notify the requester by letter that prepayment is
required before FOIA information is released if the
amount is greater than $250, or if the requester
has not paid for previous FOIA requests;
g.
respond to all assigned FOIA requests within the
10-working-day response time established by the FOIA;
h.
notify the NOAA FOIA Officer if a FOIA request was
misdirected or incorrectly assigned to his/her office,
or if an extension of a 10-working-day timeframe
is needed;
i.
send the NOAA FOIA Officer the completed Form CD-244
and a copy of the response letter for all FOIA requests;
and
j.
notify the NOAA FOIA Officer if a partial or full
denial is recommended and document what concurrences
were obtained. Before an initial denial is issued,
the operating unit must include a memorandum to the
file which demonstrates that it has addressed the
issue of "foreseeable harm." The memo must
document that the action office considered discretionary
disclosure and document the harm which would result
from disclosure.
SECTION
5. PROCEDURES.
.01
All FOIA requests, whether received at NOAA headquarters
or NOAA field locations, MUST be controlled and assigned
a FOIA number and due date by the NOAA FOIA Officer.
It is critical that the NOAA FOIA Officer be notified
of all FOIA requests upon receipt. FOIA requests
which are the exclusive primary concern of other
Federal agencies will be sent to the NOAA FOIA Officer.
The NOAA FOIA Officer will send the request to the
appropriate Federal agency for their direct response
to the requester.
.02
NOAA headquarters offices shall send all misdirected
or initially received FOIA requests to the NOAA FOIA
Officer. The NOAA FOIA Officer will assign a NOAA
FOIA number, enter the FOIA request into the FOIA
control system, initiate a Form CD-244, FOIA Request
and Action Record, and assign the request to the
appropriate FOIA liaison personnel for that organization.
The FOIA Officer will mail the white and yellow copies
of the Form CD-244 and a photocopy of the requester's
letter to the FOIA liaison for further assignment.
.03
NOAA field locations shall call the NOAA FOIA Officer
for a NOAA control number and due date when FOIA
requests are received directly. The FOIA field liaison
initiates Form CD-244 (see attachment 2 for instructions),
and FAXES a copy of the typed Form CD-244 and requester's
incoming letter to the Paperwork Management Branch.
.04
After the FOIA requests are fulfilled, the FOIA action
offices and the FOIA liaison personnel shall ensure
that the Form CD-244 is properly completed. The completed
Form CD-244 and a copy of the response letter sent
to the requester shall be returned to the NOAA FOIA
Officer.
.05
The NOAA FOIA Officer will enter all completed FOIA
requests in the NOAA FOIA Control System and maintain
copies of all FOIA requests at the NOAA Public Reference
Facility, 6010 Executive Boulevard, Room 714, WSC-5,
Rockville, MD 20852.
.06
Denials or partial denials of information may be
issued by officials listed in 15 CFR, Part 4, Appendix
C. Assigned offices must indicate the reasons for
the denial and cite the appropriate FOIA exemption
upon which the denial is based on the Form CD-244
and in the response letter to the requester.
.07
All checks or money orders received from requesters
for processing FOIA requests must be made payable
to the United States Treasury, must be identified
by FOIA number, and sent to the NOAA FOIA Officer.
.08
FOIA liaison or FOIA action offices with questions
about proposed denials are encouraged to contact
the NOAA FOIA Officer. If there are nonroutine legal
questions regarding any FOIA request, the NOAA FOIA
Officer will contact the appropriate Office of General
Counsel for further guidance.
SECTION
6. FOIA REQUESTS FOR AGENCY RECORDS ORIGINATING FROM
OR INVOLVING
THE WHITE HOUSE.
.01
FOIA requests for agency records which originated
in the White House or which involve the White House
shall be sent to the NOAA FOIA Officer. FOIA documents
which are the exclusive primary concern of other
agencies shall be referred to those agencies by the
NOAA FOIA Officer for direct response to the requester.
.02
The NOAA FOIA Officer shall be contacted for further
instructions for processing White House FOIA requests.
SECTION
7. EFFECT ON OTHER ISSUANCES.
None.
SIGNED,
Director, Office of Administration
Attachment
1
Attachment 2
Attachment 3
Office
of Primary Interest:
Paperwork Management Branch (OA332)
Administrative Services Division
Procurement, Grants, and Administrative Services Office
Office of Administration
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