joyd said:
What's FOIA? Can someone explain.
thanks
What is FOIA?
Freedom of Information Act
Accessing Department of Homeland Security Records through the Freedom of Information Act
The Freedom of Information Act (FOIA) establishes a presumption that records in the possession of agencies and departments of the Executive Branch of the U. S. Government are accessible to the people. The FOIA sets standards for determining which records must be disclosed and which records may be withheld. The FOIA also provides administrative and judicial remedies for those denied access to records. Above all, FOIA requires federal agencies to provide the fullest possible disclosure of information to the public.
While the FOIA supports disclosure of Federal agency records, the law recognizes the legitimate need to restrict disclosure of some information. The FOIA does not grant an absolute right to examine government documents, the FOIA establishes the right to request records and to receive a response to the request. If a record cannot be released, the requestor is entitled to be told the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court.
There are limitations on FOIA requests. The FOIA provides that a requester may ask for records rather than information. This means that an agency is only required to look for an existing record or documents in response to a FOIA request. An agency is neither required to collect information it does not have, nor must an agency do research or analyze data for a requester. Requesters must ask for existing records. The other limitation is that the law requires that each request must reasonably describe the record being sought. The request must be specific enough to permit a professional employee of the agency who is familiar with the subject matter to locate the record in a reasonable period of time.
It is to everyone's advantage if requests are as precise and as narrow as possible. The requester benefits because the request can be processed faster and cheaper. The agency benefits because it can do a better job responding to the request. The agency will also be able to use its resources to respond to more requests. The FOIA works best when both the requester and the agency act cooperatively.
******************************************************************
How to Submit a FOIA Request
Submitting A FOIA Request To The Department Of Homeland Security
Each federal agency responds to requests for its own records. Therefore, before sending a request to the Department of Homeland Security, you should determine whether this agency is likely to have the records you seek. If DHS is the proper agency to receive your request, under the FOIA you may receive a copy of any record that is in DHS's files, as long as no FOIA exemption or exclusion applies to that record, and as long as you have submitted a proper FOIA request.
Where to Submit a Request
Within the Department of Homeland Security, the DEPARTMENTAL DISCLOSURE OFFICER is responsible for responding to requests for information from DHS Headquarters offices and for ensuring that all FOIA requests are properly routed if the records are maintained in one of DHS's component agencies.
If you know the DHS component that maintains the records you seek, you should direct your request to that component.
If you cannot determine where within the Department to send your request or if you are requesting records that would be maintained by DHS Headquarters, you should submit your request to:
Departmental Disclosure Officer
Department of Homeland Security
Washington, D.C. 20528
Your envelope and letter should be marked "Freedom of Information Act Request" for faster routing.
You can also submit your request by facsimile to 202-772-5036.
Submission of a faxed request, however, will not necessarily result in faster service, as DHS processes its requests on a first in, first out basis. Because DHS employs a two-tiered tracking system, however, (simple and complex) the less complex your request, the more likely it is that you will receive a faster response.
Requirements For Submitting a FOIA Request
There are two requirements for a proper FOIA request: it must reasonably describe the records sought and it must be made in accordance with the agency's FOIA regulations. Remember, though, that the FOIA does not require DHS to answer questions, issue opinions, conduct legal research, or create records in order to respond to a request
A reasonable description of DHS records would allow a DHS employee to locate records using reasonable efforts. For example, your description should contain enough file-related information (type of document, title, subject area, date of creation, originating office) or enough event-related information (date and circumstances surrounding the event the record covers) to permit an organized, non-random search.
You can review DHS FOIA regulations.
http://www.dhs.gov/dhspublic/verify..._FedReg_Notice.pdf&title=DHS+FOIA+regulations
Because the FOIA allows agencies to charge fees for processing requests, your submission of a request will be deemed to be an implicit promise to pay fees up to $25 in fees, unless you indicate a higher level or request a fee waiver. If you request a fee waiver, you must provide enough justification for DHS to rule on your request.
Response Times
In general, the FOIA requires an agency to respond to FOIA requests within 20 working days after receipt of the request by the office that maintains the responsive records. DHS processes its requests by date of receipt. Although we will make every effort to respond in a timely matter, due the number of requests and the complexity of many of them, DHS may not be able to respond within the 20-day period.
Under certain conditions, we will expedite your request, as long as you meet the criteria established in our regulations for expedition.
********************************************************************
Freedom of Information Act
FOIA Contacts, Statutes & Resources
Contacts
Departmental Disclosure Officer
Department of Homeland Security
Washington, D.C. 20528
Telephone: 202-772-9848
FAX: 202-772-5036
Federal Emergency Management Agency (FEMA)
Bureau of Citizenship and Immigration Services (BCIS) formerly Immigration and Naturalization Service (INS)
Bureau of Customs and Border Protection (BCBP) formerly United States Customs Service (USCS)
Transportation Security Administration (TSA)
United States Secret Service (USSS)
United States Coast Guard (USCG)
Federal Law Enforcement Training Center
Statutes
Federal Register Notice
Office of Management and Budget
Resources
Homeland Security Act of 2002
Department of Homeland Security Reorganization Plan
The National Strategy for Homeland Security
Publications
Related Links
Department of Justice
Government Information Location Service (GILS)
National Archives and Records Administration
******************************************************************************************************
Electronic Reading Room
The Freedom of Information Act (FOIA) requires agencies to make various types of records available for public inspection in both paper and electronic form. These records are available through this page. DHS components also maintain their own "reading rooms" both in physical and electronic format.
Reports
http://www.dhs.gov/dhspublic/interweb/assetlibrary/FOIADHSFY2003AnnualReport.pdf
Waiting!