Freedom of Information Act (FOIA) Policy, Roles, and Responsibilities

1.1 What is the purpose of this chapter?

1.2 What is the scope of this chapter?

1.3 What terms do you need to know to understand this chapter? 

1.4 What are the authorities for this chapter?

(1) Approving or declining to approve Servicewide FOIA policies; and

(2) Ensuring the Service’s FOIA program complies with the Department’s FOIA regulations, policies, and procedures. 

(1) Overseeing and managing the Service’s FOIA program,

(2) Ensuring the Service is meeting FOIA-related performance goals,

(3) Designating the Service FOIA Officer, and

(4) Promoting employee awareness of the Service’s FOIA obligations.

(1) Ensuring that employees within their Regions and programs:

     (a) Follow the Department’s policies and procedures,

     (b) Respond to FOIA requests expeditiously and thoroughly,  

     (c) Search for responsive records and provide them to the FOIA Coordinator in a timely fashion, and

     (d) Are available to assist the FOIA Coordinator with information on records that they have provided, and 

(2) Designating a FOIA point of contact (POC) for their respective Region or program to carry out the responsibilities in section 1.5F.

(1) Ensuring Service employees comply with the FOIA and Departmental FOIA regulations, policies, procedures and directives; 

(2) Ensuring FOIA Coordinators and personnel within the Service receive required FOIA training; 

(3) Serving as the final decision-making authority for FOIA releases issued by the Service, unless this responsibility is delegated in writing to a FOIA Coordinator with appropriate training; 

(4) Reviewing and signing all outgoing letters unless this responsibility is delegated in writing to a FOIA Coordinator with appropriate training; 

(5) Coordinating with Departmental staff and other bureau FOIA Officers to resolve requests that involve or potentially involve multiple bureaus; 

(6) Working with the Departmentto develop and implement strategies to reduce our FOIA backlog and ensuring we respond to the 10 oldest FOIA requests each year;

(7) Developing and maintaining a FOIA website, electronic FOIA library, and electronic index of frequently requested records in compliance with FOIA and applicable web publishing and information quality guidelines; and 

(8) Ensuring employees with access to the Department-approved electronic FOIA tracking system are aware of the appropriate maintenance, use, and handling requirements, including maintaining the accuracy of entries.

(1) Performing assigned duties in accordance with the Department’s FOIA regulations, policies, procedures, and directives; 

(2) Making decisions on FOIA requests that are assigned to them, consulting with the Service FOIA Officer on an as-needed basis for complex requests;

(3) Ensuring employees conduct reasonable searches in response to FOIA requests;

(4) Reviewing responsive records found in accordance with the FOIA and Departmental policy;

(5) Consulting with the Service FOIA Officer before sending consultations or referrals to another office, bureau, or agency;

(6) Ensuring copies of records sent to the requester or made available for inspection are legible;

(7) Keeping track of information that has been released or withheld as a reference for future requests and to respond to any potential appeal(s) or litigation; and

(8) Maintaining and annotating the official file in accordance with Departmental guidelines to show:

     (a) Which offices and individuals conducted a search in response to the request,

     (b) What was searched, and

     (c) When and how the search was conducted.

(1) Identifying and assigning a FOIA request received from a FOIA Coordinator to the appropriate office(s) or employee(s) within their Region or program, and

(2) Responding to requests from FOIA Coordinators for assistance with interpreting the scope of a FOIA request. 

(1) Complying with FOIA; the Department's FOIA regulations, policies, procedures, and directives; and this policy;

(2) Serving as a subject matter expert for applicable FOIA requests, as assigned by their FOIA POC; 

(3) Responding promptly and accurately to FOIA-related requests;

(4) Documenting time spent searching for responsive records, systems searched, and other information as required by the FOIA Coordinator; 

(5) Assisting FOIA Coordinators with information on records provided, as needed, on a timely basis; and

(6) Providing information to the FOIA Coordinator regarding:

     (a) Which individuals within their office conducted a search in response to the request; and

     (b) Where, when, and how the search was conducted, including search terms used.