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The Freedom of Information Act (FOIA)

Background/Overview
The Freedom of Information Act ("FOIA"), 5 U.S.C. 552, provides individuals with a right to access to records in the possession of the federal government. The government may withhold information pursuant to the nine exemptions and three exclusions contained in the Act. The Electronic FOIA ("E-FOIA") Amendments that were signed into law in 1996, amended FOIA in several ways. For more information on how to submit a FOIA, visit the NIH FOIA Web site.

ORS OMAR FOIA Information
The Office of Research Services, Office of Management Analysis and Review has its own FOIA Coordinator who handles FOIA requests related to the Office of Research Services and the Office of Research Facilities.

The ORS FOIA Coordinator is Ms. Genia H. Bohrer
You can contact her at:
Email: bohrerg@mail.nih.gov
Phone: (301) 402-3570
Fax: (301) 594-9522

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

a.) If request was sent using government resources, contacts the requester via a letter, call, or email to inform them that the request cannot be processed until properly received

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

a.) If it will take longer than the time frame mandated by the U.S. Congress to process the FOIA request, the FOIA coordinator will send an interim letter to requester. In the letter, the requester will be notified that a search is being conducted for the requested information and that a response will be given as soon as the possible.

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.
5.62 Exemption one: National defense and foreign policy.
5.63 Exemption two: Internal personnel rules and practices.
5.64 Exemption three: Records exempted by other statues.
5.65 Exemption four: Trade secrets and confidential commercial or financial information.
5.66 Exemption five: Internal memoranda.
5.67 Exemption six: Clearly unwarranted invasion of personal privacy.
5.68 Exemption seven: Law enforcement.
5.69 Exemptions eight and nine: Records on financial institutions; records on wells.

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.
Source: 53 FR 47700, Nov. 25, 2988, unless otherwise noted.