# Presentation: 263059

## Freedom of Information Act(FOIA)

- Procedures - Guide

- For IHS Headquarters Office

## Operations ManualIndian Health ServiceFreedom of Information Act

- 	The Freedom of Information Act (FOIA) is a federal access law which allows individuals to inspect public records held by government agencies. Passed originally by Congress in 1966, and amended, the FOIA has become a major vehicle of “**the public’s right to know**”.

- INTRODUCTION:

## Procedures for HQE employees:

- Any **FOIA request** that is received by an Office (could be addressed to any department or individual, such as, Director, Associate Director, Chief Contract Health Services, Environmental Health, etc.) should be **forwarded immediately** to the FOIA staff.

## 2	The FOIA staff will begin search for records and documents that have been requested immediately upon receipt of the request.  The FOIA staff will send a request for material to the appropriate Headquarters office or the Area office. 

3	Materials: requested documents/records should be sent to the FOIA Officer as soon as possible. If the Indian Health Service doesn’t have any record or a portion of the requested material, then explain in the letter to the FOIA Officer so it can be related to the requester, (Caution: If IHS doesn’t have the records no attempt is to be made in trying to produce or search other agencies for the records; nor should we take information we have and create the record.)

- 3	Materials: **requested documents/records should be sent to the FOIA Officer as soon as possible**. If the Indian Health Service doesn’t have any record or a portion of the requested material, then explain in the letter to the FOIA Officer so it can be related to the requester, (Caution: If IHS doesn’t have the records no attempt is to be made in trying to produce or search other agencies for the records; nor should we take information we have and create the record.)

## 4.     The D.C. Circuit Court in Oglesby v. Department of the Army recently recommended that agencies give FOIA appeal rights  in those cases where responsive records are not found. This  is based on the rationale that a FOIA requester, dissatisfied  with an agency’s response that no records have been found,  may wish to challenge the adequacy of the agency’s search.  Therefore if you find no records, please be prepared upon  request of an appeal to fully describe your search efforts.

Time & Search: All time spent by the staff should be recorded on the sheet of paper. These sheets track the duplication costs, staff time spent researching and reviewing by grade, mailing costs, and total time spent. Send the sheet to FOIA office and keep one copy for your file. 

If the you have any question or concerns about the FOIA request, please call the FOIA Officer or FOIA staff at (301) 443-1116.

**Time & Search**: All time spent by the staff should be recorded on the sheet of paper. These sheets **track** the **duplication costs, staff time spent researching **and** reviewing by grade, mailing costs, **and** total time spent**. Send the sheet to FOIA office and keep one copy for your file.
- If the you have any question or concerns about the FOIA request, please call the FOIA Officer or FOIA staff at (301) 443-1116.

## The FOIA office keeps a file of FOIA requests and correspondence for a period of two years, six years if a denial is made or an appeal is received.

If the you receive a telephone call requesting information under FOIA, instruct the caller to put the request in writing or refer them to the FOIA office. We will accept a FAX or email copy of a FOIA request.

The FOIA Staff located at 12300 Twinbrook Parkway, Suite 450, Rockville, MD, 20852. Telephone number 301-443-1116. Fax number 301-443-2316.

- If the you receive a telephone call requesting information under FOIA, instruct the caller to put the request in writing or refer them to the FOIA office. We will accept a FAX or email copy of a FOIA request.
- The FOIA Staff located at 12300 Twinbrook Parkway, Suite 450, Rockville, MD, 20852. Telephone number 301-443-1116. Fax number 301-443-2316.

## Freedom of Information Act Checklist

- Review the request and determine whether it is FOIA, Privacy Act request or a request for information that is generally available through the agency.
- If you determine the request falls under the FOIA, we will contact the appropriate program offices to see if the information being requested is in fact available. Frequently, we receive FOIA requests for information that the agency has never had or information that the agency no longer possesses.

**When a FOIA Request has been received:**

## After you determine the request is FOIA and that your program offices have the information being requested. Then prepare a memo to the FOIA Office which includes the following:

		a.  A copy of the FOIA request.
		b.  A copy of the document being requested
		c.  A copy of the Time/Search sheet
		d.  Your assessment of whether the documents should or 	     should not be released, including the objections, if              	     any, that are raised by your program offices in    	   	     releasing or denying information .

Deliver the information immediately to the FOIA Office 12300 Twinbrook Parkway, Suite 450, Rockville, Maryland 20857.  If you have any questions, please telephone: 301-443-1116.

- 		a.  A copy of the FOIA request.
- 		b.  A copy of the document being requested
- 		c.  A copy of the Time/Search sheet
- 		d.  Your assessment of whether the documents should or 	     should not be released, including the objections, if              	     any, that are raised by your program offices in    	   	     releasing or denying information .
- Deliver the information immediately to the FOIA Office 12300 Twinbrook Parkway, Suite 450, Rockville, Maryland 20857.  If you have any questions, please telephone: 301-443-1116.

## What to do if you are contacted by a FOIA requestor:

- You can inform the FOIA requester that their request has been sent to the IHS FOIA Office located at Headquarters, Rockville, Maryland, who will review the documents and determine which records may be released or denied.
- Please provide the FOIA requester with the phone number 301-443-1116. We will answer any questions they may have.

## The Freedom of Information Act Exemptions

- Exemption 1:   Protects national security concerning national     	            defense or foreign relations

- Exemption 2:   Covers records related solely to internal
- 	            personnel rules and practices of an agency.

- Exemption 3:   Authorizes the withholding of information
- 		prohibited from disclosure by another Federal
- 		law which leaves no discretion on whether to
- 		disclose.

## Exemption 4:   Exempts trade secrets and information which

- 		are (a) commercial or financial, (b) obtained from
- 		a person and (c) is confidential or privileged.

- Exemption 5:   Encompasses inter-agency memos or documents
- 		which would not be available by law to a party in
- 		litigation with the agency. Thus, it exempts those
- 		documents normally privileged in the civil discovery
- 		context.

- Exemption 6:   Provides protection for personal privacy interest.
- 		It permits withholding of documents if disclosure
- 		would be a clearly unwarranted invasion of personal
- 		privacy.

## Exemption 7:   Protects from mandatory disclosure records

- 		 compiled for **law **enforcement proceedings.

- Exemption 8:   Covers matters contained or related to reports
- 		 prepared by or for use of an agency responsible
- 		 for regulation of financial institutions.

- Exemption 9:   Pertains to geological and geophysical information
- 		 and data concerning wells and including maps.

*Reference: *HHS Freedom of Information Act Regulations 45 CFR Part 5,
- 	     Federal Register, Vol. 53, No 227, Friday, November 25, 1998.
- 	     1986-5 U.S.C 552

## Slide 13

## Hankie Ortiz – Acting FOIA Officer

Vacant - FOIA Public Liaison 

Janet Ingersoll – FOIA Coordinator 

Nina Argent – FOIA Specialist

- Vacant - FOIA Public Liaison
- Janet Ingersoll – FOIA Coordinator
- Nina Argent – FOIA Specialist

## Thank You For Coming!

**Enjoy the rest of Your Day**