Privacy Service

KNOW your FOIA Officers:

• Amanda McKeehan
• Tabitha Adkins

 
Email: vhalexprivacyofficer@va.gov

What is FOIA?
FOIA is a federal law that establishes the public's right to obtain information from federal agencies, except to the extent that the records, or any portions of the records, are protected from public disclosure by one of FOIA’s nine exemption (see below) The FOIA is codified at 5 U.S.C. § 552 and implemented by Title 38 C.F.R. §§ 1,550-1,562. It is important to understand that FOIA is a disclosure statute as the FOIA gives the requester the right to access information from the federal government. Please understand that if VHA finds records responsive to your request and if a FOIA exemption authorizes withholding those records in whole or in part, VA may not release the records to you even though you have pre-paid search fees to locate those records
 
Virtually anyone can make a FOIA request, including U.S. citizens, unions, news media, foreign nationals, organizations, businesses, associations, universities, and foreign and domestic governments. We have 20 business days to respond to a FOIA request. The 20 business days’ time frame generally starts on the date the request is received. A FOIA request can be made for any agency record. The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests. However, the FOIA does require an agency to provide records, if they exist, that can assist the FOIA requester in answering his/her questions.

To submit a FOIA Request your request must contain the following:

• Must be in writing and submitted by letter, fax, or email to the correct agency office vhalexprivacyofficer@va.gov.  
• Requests submitted by letter or fax must be sent to the FOIA Office in which you believe the records exist, contain a legible return address, telephone number, and/or email address.
• Reasonably describe the records so that they may be located with a reasonable amount of effort.
• Include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter, etc.
• If you are requesting communications, you must provide the name and/or title of the individual(s) whose communications you are seeking, date time frame, and key terms.
• State your willingness to pay applicable FOIA processing fees.

Fee Categories:

• Commercial requesters—charged for search time, document review, and duplication.
• News media, educational, and scientific requesters—charged for duplication only after the first 100 pages.
• All other requesters—charged for search time (after two hours) and duplication (the first 100 pages are free).

Current Departmental fees:

• Duplication at 15 cents per page.
• Search at hourly wage of the person conducting the search plus 16%.
• Review (commercial requesters only) at hourly wage of the person conducting the review plus 16%.
• VA will charge direct costs associated with duplication of non-paper items; records search using automated methods; and other activities such as attesting under seal or certifying that a record are true copies, etc.
• We do not charge when assessable fees are less than $25.
• Your submission of a request will be deemed to be an implicit commitment to pay up to $25 in fees unless you indicate a higher amount or request a fee waiver.
• You will be promptly notified if the anticipated fees exceed $25.

Fee Waiver
Agencies may grant fee waivers if the requester successfully describes that the disclosure of information is in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. Agencies may grant expedited process if the requester demonstrates a compelling need. A compelling need must be demonstrated in one of the two following ways:

• By establishing that the failure to obtain the records quickly “could reasonably be expected to pose an imminent threat to the life or physical safety of an individual or,
• If you are primarily engaged in disseminating information, and you demonstrate that an “urgency to inform the public concerning actual or alleged Federal Government activity exists.

Freedom of Information Act Exemptions
All agency records must be made available to the public under the Freedom of Information Act (FOIA), except for records that are:

1. Properly classified as secret in the interest of national defense or foreign policy.
2. Related solely to internal personnel rules and practices.
3. Specifically exempted by other statutes.
4. Concerning trade secrets and commercial or financial information obtained from a person that is privileged or confidential.
5. Privileged interagency or intra-agency memoranda or letters, except under certain circumstances.
6. Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
7. Investigatory records compiled for law enforcement purposes.
8. Contained in or related to certain examination, operating, or condition reports concerning financial institutions.
9. Geological and geophysical information and data, including maps, concerning wells.

 
The "Justice Department Guide to the Freedom of Information Act" provides more detail on these exemptions as well as FOIA law enforcement record exclusions and certain procedures.