What is the FOIA? The FOIA, Title 5, United States Code, Section 552,…

What is the FOIA?

The FOIA, Title 5, United States Code, Section 552, was signed into law on July
4, 1966, by President Lyndon B. Johnson. Since then, the FOIA has been
amended in 1974, 1986, and most recently, with the enactment of the Electronic
Freedom of Information Act Amendments of 1996 (E-FOIA). The E-FOIA and
requires federal agencies to make records available both electronically and
through public reading rooms. The U.S. Department of Energy (DOE)
implements the FOIA regulation at Title 10, Code of Federal Regulations, Part
1004 (10 CFR 1004).

The FOIA establishes the premise that any person has a right of access to
federal agency records, and that federal agency records must be made available
to the public unless they are specifically exempt from public release.

The FOIA applies to records created and maintained by agencies in the
executive branch of the federal government. The FOIA does not apply to
Congress, the judicial branch of the federal government, or to state or local
governments. Many state governments have enacted open records laws. The
attorney general of a state could provide information about that state's laws upon
request.

The FOIA and E-FOIA require that certain agency records, such as description of
agency organization and office addresses, statements of agency operations,
rules of procedures, general policy statements, final opinions made in the
adjudication of cases, and administrative staff manuals that affect the public, be
made available for inspection and copying regardless of the format. These
records and many other agency records, in the spirit of openness, are also made
available to the public in the public reading facilities, including at DOE
Headquarters in Washington, DC.

Although the FOIA is primarily a disclosure law, not all records requested under
FOIA are automatically released. The FOIA has nine exemptions that allow
certain information contained in records or the entire records to be withheld from
public inspection. The exemptions apply to records that are:

   ·   properly classified in the interest of national defense or foreign policy
   ·   related solely to internal rules and practices
   ·   specifically mandated to be withheld from public release by statutes
   ·   trade secrets and commercial or financial information which is obtained from a person
       and is privileged or confidential
   ·   inter-agency or intra-agency memoranda or letters, attorney-client privilege information,
       or attorney work product
   ·   personnel and medical files and similar files, the disclosure of which would constitute an
       unwarranted invasion of personal privacy
   ·   investigatory records or information compiled for law enforcement purposes, the release
       of which (A) could reasonably be expected to interfere with enforcement proceedings, (B)
       would deprive a person of a right to a fair trail or impartial adjudication, (C) could
       reasonably be expected to constitute an unwarranted invasion of personal privacy, (D)
       could reasonably be expected to disclose the identity of a confidential source, (E) would
       disclose investigative techniques, and /or (F) could reasonably be expected to endanger
       the life or physical safety of any individual
   ·   information contained in or related to certain examination, operating, or condition reports
       concerning financial institutions
   ·   certain information concerning gas or oil wells

Reasonably segregable nonexempt information will be released unless it is
inextricably intertwined with exempt material. Agencies are encouraged to make
discretionary releases of information in cases in which no foreseeable harm from
the release of the information can be determined.

The FOIA mandates a response within 20-days of receipt of a request (excluding
weekends and federal holidays). The DOE strives to meet this processing time
frame; however, due to voluminous requests, and legal reviews, some requests
may take a longer period of time to complete. If it is determined additional is
needed time to complete your request, you will be notified as appropriate.

All requests made pursuant to the FOIA become a matter of public record, with
personal Information about requesters deleted. Requests for classified records,
including requests for mandatory review pursuant to Executive Order 12598, will
automatically be considered a FOIA request. The DOE Director of the Office of
Classification in Washington, D.C., is responsible for the release determination of
any classified records that are identified as responsive to FOIA requests.

The adequacy of search for records, the partial or full denial of records, and fees
assessed may be appealed. Such appeals must be made in writing, within 30-
days of receipt of the denial letter, to the following address; Director, Office of
Hearings and Appeals, HG-1, U.S. Department of Energy, 1000 Independence
Avenue, S.W., Washington, D.C. 20585.

Judicial review will thereafter be available within the district in which the
requester resides or has their principal place of business, in which the
Department's records are situated, or in the District of Columbia.