ADMINISTRATIVE RESPONSIBILITIES
UPON RECEIPT.
1. Ensure that the NOAA FOIA Office and the appropriate FOIA LO/SO liaison are aware of all FOIA requests erroneously received in NOAA field locations.
2. Contact the NOAA FOIA Office on (301) 713-3540 or FOIA LO/SO liaison (who will contact the NOAA FOIA Office) to obtain NOAA FOIA control numbers and due dates immediately upon receipt of all FOIA requests. NOAA FOIA requests are considered officially received (due dates are calculated) when FOIA requests are received in the NOAA FOIA Office.
3. Contact the NOAA FOIA Office for assistance if LO/SO FOIA liaisons are absent so actions on FOIA requests are not delayed, NOAA compliance with FOIA is not compromised, and FOIA litigation is minimized.
FOIA PROCESSING.
1. Prepare a Form CD-244, FOIA Request and Action Record, and fax a copy of the Form CD-244 and the incoming FOIA request letter to the NOAA FOIA Office, (301) 713-3540.
2. Initiate written records of all actions taken to comply with FOIA requests.
3. If needed, contact FOIA requesters to propose narrowing the scope of broad FOIA requests, propose that FOIA requesters view/select documents in LO/SO reading rooms, or propose other options to assist FOIA requesters. Always document and fax copies of revised FOIA requests to the NOAA FOIA Office.
4. Conduct a thorough search for responsive documents. If you know of any other DOC/NOAA office that may have responsive records, please notify the NOAA FOIA Office on (301) 713-3540. NOAA should submit only one coordinated response to the requester.
5. Make a determination on FOIA request within 20-business days mandated by the Electronic FOIA Amendments. IF FOIAs cannot be completed within the 20-business days, do one or more of the following:
a. Request voluntary extensions from the requesters in writing (or notify requesters if you are taking a 10-business-day extension permissible under law), state the reasons for the proposed extensions, and fax copies of all documented extensions to the NOAA FOIA Office. If you obtain an extension orally, it should be followed up in writing.
b. Prepare acknowledgment letters to all FOIA requesters documenting receipt and expected fulfillment dates of all FOIA requests and fax letters to the NOAA FOIA Office. Sample letters, training tutorials, FOIA policies, and other guidance is available on NOAA's FOIA Home Page .
c. Prepare fee notification letters to FOIA requesters if fees chargeable for processing FOIA requests exceed $25.00 (See Fee Schedule ). Include a statement within the fee notification letter stating that FOIA requests will be closed within 30 calendar days from the date of fee notification letters if the FOIA fees are not paid. Instruct FOIA requesters to make their checks payable to the U.S. Treasury Department and to send their checks to: National Oceanic and Atmospheric Administration, Public Reference Facility (OFA56), 1315 East West Highway (SSMC3), Room 10730, Silver Spring, MD 20910.
The 20-business day timeframe for responding to FOIA
requests STOPS on the date of the fee notification letters and RESUMES
when the NOAA FOIA Office receives the fees paid by FOIA requesters.
NOAA is not obligated to process subsequent requests from FOIA requesters
until previous FOIA fees are paid. Materials are only sent to the
requesters after FOIA fees are paid.
RESPONSE LETTERS, DENIALS, AND APPEALS.
1. Ensure that requesters will not file a FOIA appeal based on "no response" by responding to all FOIA requests.
2. For partial denied documents, include a paragraph in the response letters that accurately "Measure" the amount and location of all exempt portions of documents not released to requesters. For example, you may say that I have determined that 4 pages or 10 typewritten lines were withheld because you requested hourly rates (and information from which one can reasonably calculate or closely approximate the hourly rates) and the names of the contractor's personnel are exempt from disclosure under 5 U.S.C. 551 (b)(4) because they contain commercial and/or financial information obtained from a person as privileged or confidential.
2. Ensure that only authorized denial officials authorized denial officials sign denial letters to FOIA requesters (e.g., no records found, partially denied, fully denied responses (including expedited processing and fee waivers).
3. Indicate the names and telephone numbers of the individuals that retain the entire FOIA file/actions taken to comply with all FOIA requests (originals, releasable and unreleasable documents, documented extensions, acknowledgment letters, fee notification letters, tickler files including records of conversations/negotiations with FOIA requesters, printed out e-mail messages, taskers, and other notes).
4. Include a paragraph in FOIA response letters to address the types and bases for all exemptions cited, and indicate the amount/location of material withheld from FOIA requesters (number of lines, pages, or other consistent means of measurement).
5. Ensure that any discretionary
decision to disclose information protected by FOIA should be made only
after full and deliberate consideration of the institutional, commercial,
and personal privacy interests that could be implicated by disclosure of
the information.