FOIA

Freedom of informaiton act

Frequently Asked Questions

How do I make a FOIA request?
Submit your request in writing to the NIST FOIA Office at the following address or via e-mail to foia@nist.gov.

National Institute of Standards and Technology
Catherine S. Fletcher, FOIA & Privacy Act Officer
100 Bureau Drive, STOP 1710
Gaithersburg, MD 20899-1710

Do I need to complete a form?
No, just write a letter or send an e-mail message with as much detail as possible about the records you want.

How does NIST process FOIA requests?
When your request arrives in the FOIA Office, it is logged in and then sent to the area(s) within NIST that may have the records you have requested. Program staff in those areas search their files for the records. If our staff find records, they review them and send them to the FOIA Office. The FOIA Office then reviews the response package and determines which records can or cannot be released. All releasable records are sent to the requester with a letter from the FOIA Officer.

How long will it take NIST to respond to my request?
Under FOIA, agencies have 20 working days to answer a request.

What kinds of records can NIST withhold and on what grounds can the agency deny a request?
An agency must provide records to a requester regardless of the identity of the requester or the requester's purpose in seeking the records. It must also provide the records even if the requester can otherwise obtain them from a non-government source, so long as the requested records are "agency records" subject to the FOIA. The agency can refuse to disclose them only when they fall within one of the nine specific statutory exemptions from the FOIA's disclosure provisions under section 552(b) of the law. Exemptions include:

Exemption 1 - Classified documents
Exemption 2 - Internal agency rules
Exemption 3 - Information exempted by another federal statute
Exemption 4 - Confidential business information
Exemption 5 - Internal government communications
Exemption 6 - Personal privacy
Exemption 7 - Law enforcement
Exemption 8 - Financial institutional records
Exemption 9 - Geological information

How do I know if NIST has withheld records from me?
The FOIA Office will tell you in its response letter if records or parts of records you requested have been withheld and which exemptions apply.

What if I think NIST has withheld records and should not have?
If NIST withholds records from you, your response letter will state your appeal rights. The letter will say that you may challenge the decision to withhold records or parts of records and will describe how you may file an appeal.

If your appeal is denied, you can file a judicial appeal in the U.S. District Court where you live, in the district where the documents are located, or in the District of Columbia.

What happens if NIST does not have the records I want?
The FOIA Office will tell you in writing if they are unable to locate records you requested.

If our FOIA Office staff know that another agency has the records you want, they will refer you to that agency.

What are the fees for filing a FOIA request?
FOIA allows agencies to charge requesters for FOIA services, e.g., search and review time, copy costs, and special services like document certification and Federal Express fees.

If you are concerned about costs, ask for a cost estimate in your letter. FOIA staff will let you know roughly what your fees will be before they process your request, and they will give you a chance to approve these fees.

How can I reach the NIST FOIA Office?
The FOIA Office can be reached by phone at (301) 975-4074. Their address is: National Institute of Standards and Technology, FOIA Office, 100 Bureau Drive, Stop 1710, Gaithersburg, MD 20899-1710.

The NIST FOIA Reading Room is located in Building 101, Room A527. To access the room contact foia@nist.gov.

Sample Letters

The bracketed [ ] areas explain how to use these sample letters to write your own letter.

Freedom of Information Act Request Letter

Agency Head [or Freedom of Information Officer]
Name of Agency
Address of Agency
City, State, Zip Code

 Re: Freedom of Information Act Request

Dear ___________________:

This is a request under the Freedom of Information Act, 5 U.S.C. Sec. 552.

I request that a copy of the following documents [or documents containing the following information] be provided to me: [identify the documents or information as specifically as possible].

In order to help to determine my status to assess fees, you should know that I am [insert a suitable description of the requester and the purpose of the request].

[Sample requester descriptions:

 --a representative of the news media affiliated with (a newspaper, magazine, television station, etc., or a public interest organization that publishes or disseminates information, etc.), and this request is made as part of news gathering and not for a commercial use.

--affiliated with an educational or noncommercial scientific institution, and this request is made for a scholarly or scientific purpose and not for a commercial use.

--an individual seeking information for personal use and not for a commercial use.

--affiliated with a private corporation and am seeking information for use in the company's business.]

[Optional] I am willing to pay fees for this request up to a maximum of $[ ]. If you estimate that the fees will exceed this amount, please inform me first.

[Optional] I request a waiver of all fees for this request. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. [Include a specific explanation.]

Thank you for your consideration of this request.

Sincerely,
 
 

Name
Address
City, State, Zip Code
Telephone Number [optional]

Freedom of Information Act Appeal Letter

Agency Head or Appeal Officer
Name of Agency
Address of Agency
City, State, Zip Code

 Re: Freedom of Information Act Appeal

Dear ______________________:

This is an appeal under the Freedom of Information Act.

On [date], I requested documents under the Freedom of Information Act. My request was assigned the following identification number [00-000-00].

On [date], I received a response to my request in a letter signed by [name of official]. I appeal the denial of my request.

[Optional] The documents that were withheld must be disclosed under the FOIA because __________________________________________________________.

[Optional] I appeal the decision to deny my request for a waiver of fees. I believe that I am entitled to a waiver of fees. Disclosure of the documents I requested is in the public interest because the information is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interests. [provide details]

[Optional] I appeal the decision to require me to pay review costs for this request. I am not seeking the documents for commercial use. [provide details]

[Optional] I appeal the decision to require me to pay search charges for this request. I am a reporter seeking information as part of news gathering and not for commercial use.

Thank you for your consideration of this appeal.

Sincerely,
 
 

Name
Address
City, State, Zip Code
Telephone Number [optional]