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The Freedom of Information Act (FOIA) Background/Overview ORS OMAR FOIA Information The ORS FOIA Coordinator is Ms. Genia H. Bohrer Overview of FOIA Processing Responsibilities Below is a clarification of responsibilities from the time a FOIA request is received until it is completely processed. ORS FOIA Coordinator's Responsibilities 1.) Coordinator receives request
2.) Checks to determine if the request contains a home address where responses may be sent 3.) Determines whether requester agrees to pay fees, and whether expedited handling has been requested etc. 4.) Reviews overdue notice list to determine if the requester has any unpaid FOIA invoices 5.) Logs request into the NIH FOIA system 6.) Sends “request for documents memorandum” to appropriate division (director) outlining documents requested, response due date, and guidance regarding time and fees
7.) Upon receipt of documents and memorandum from division, the ORS FOIA coordinator will prepare a partial / final letter of response to requester and a fee invoice, unless documents are being requested are required to be withheld. If the justification exists to withhold the requested information, then the ORS FOIA coordinator will work with the NIH FOIA office to respond to requester accordingly. Division Director’s FOIA Requirements and Limitations 1.) Freedom of Information Act (FOIA) requests must be answered within a very short, Congressionally-mandated time frame. Therefore, it is important to process the request by the due date assigned by the FOIA coordinator. 2.) If the request asks for ‘identifiable documents’ already in existence, it is the responsibility of the requester to locate the requested records and forward them in their entirety to the ORS FOIA coordinator as soon as possible. 3.) Remember, the FOIA does not require us to answer questions, create documents, or to go outside of NIH to obtain responsive documents. 3.) The requester must forward all documents, regardless of the requests to withhold or redact certain documents. ORS does not have the authority to withhold documents requested under FOIA. 4.) If the requested documents can be withheld, the ORS FOIA coordinator will work with the NIH FOIA office and with Office of the General Counsel to withhold documents as requested. 5.) If requesting that certain information be withheld on particular documents, then a memo should be addressed to the FOIA coordinator stating exactly what information is to be withheld and the reason(s) for withholding that particular information.* 6.) If possible, forward all documents to ORS FOIA coordinator by the request date. If it is not possible to respond by requested time, please contact the FOIA coordinator immediately to give a projected response time and to receive approval for the time extension. 7.) Please remember to include the following information for each individual participating in the fulfilling the FOIA request: the search and review time, the grade of each individual, and the number of pages provided. This information will used to invoice the requester for the services rendered. *Documents may be withheld for reasons stated in Part 5 Freedom of Information Regulations, Subpart F (listed on the following page). II. Withholding Records - There are certain reasons and occasions that records can be withheld. However, the reasons must be listed within one of the following exemptions of Subpart F. If the reason(s) for withholding the information cannot be supported by one of these exemptions, then the information cannot be withheld; and, the information is required to be released to the requester. Reasons for Withholding Some Records (a detailed explanation can be found at http://www.nih.gov/icd/od/foia/) 5.61 General. Authority: 5 U.S.C. 552, 18 U.S.C. 1905, 31 U.S.C. 9701, 42 U.S.C. 1306(c), E.O. 12600. |
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