Background/Overview

The Freedom of Information Act (FOIA), 5 U.S.C. 552 provides individuals with a right to access records in the possession of the federal government. The government may withhold information pursuant to the nine exemptions and three exclusions contained in the Act.

How to Make a FOIA Request

Before submitting a request under FOIA, individuals should try to determine whether the information sought is already in the public domain and whether it is or may be held by the Office of Research Facilities (ORF). A search of ORF's Web Site can be helpful in locating information.

There are no special forms needed for making a request but your request must be made in writing.

• Write “Freedom of Information Act Request” on the envelope or on the subject line of your fax.
•  Include a daytime telephone number in case we need to contact you.
• State your willingness to pay the applicable fees or provide a justification to support a free waiver.
• Indicate the fee category which you believe your request should be assigned.
• Describe the records you are seeking as clearly and precisely as you can.  If your request is vague or too broad, we may ask you to be more specific, and this can delay the processing of your request.
• If requesting information involving a contract with NIH, the contract number, approximate date, type of contract, and name of contractor.

Where to Make a FOIA Request

You can submit your request by e-mail, fax (301-402-2204), or by mail:

WANDA MALAVE

FOI Coordinator

NIH/OD/Office of Research Facilities

9000 Rockville Pike

Building 31, 4B30

Bethesda, MD  20892

On-Site Reading Room

The NIH On-Site Reading Room (RR) contains a variety of documents that come from several of the Institutes and Centers at the NIH. The documents are indexed with an identifying number to assist users in locating the document(s) of interest. The Index of Documents is available at this site for your convenience. Documents cited with an asterisk (*) are available for viewing in the RR, which is located in Building 31, Room 5B-35. The hours of operation are 10:00 a.m. to 4:00 p.m., Monday through Friday (closed on Federal holidays). A copy machine is available for users to duplicate documents of particular interest. Documents without an asterisk are presently stored off-site and can be retrieved for viewing upon specific request. Please contact the FOI Office to make arrangements to view one or more of these documents.

Fees

It is important to note that FOIA allows agencies to recover part of the costs associated with responding to requests. Department of Health and Human Services regulations describe specific rules for fees, requesting a fee waiver, and reducing fees.

Requesting Personal Records - Privacy Act

General

The Privacy Act provides safeguards against invasion of personal privacy through the misuse of records by Federal agencies. The Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by the Federal government.

The Act applies to records about individuals maintained by agencies in the executive branch of

the Federal government.

The Privacy Act guarantees three primary rights:

a.     The right to see records about oneself, subject to Privacy Act exemption;

b.    The right to request the amendment of records that are not accurate, relevant, timely or complete; and

c.     The right of individuals to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of personal information.

Making a Privacy Act Request

The procedures for making a request under the Privacy Act are the same as those for filing a

FOIA request, with the following important requirements:

• You must be a United States citizen or an alien lawfully admitted for permanent residence to the U.S. to make a request for Privacy Act records.
• There are no special forms needed for making a Privacy Act request.

• Requests must be made in writing and sent by e-mail, or mail to the following address:

WANDA MALAVE        

FOI and Privacy Act Coordinator

9000 Rockville Pike

Building 31, Room 4B30

Bethesda, MD  20892

Privacy Act requests should include the following:

• The individual's full name (including maiden name, if appropriate) and any other names used.
• Present mailing address and ZIP Code.
• Date and place of birth.
• Offices originating or receiving the records.
• Particular event or circumstance that led to the creation of the record(s).
• An original signature.
• Any other information that might help in identifying the record.

Access to Your Records:

If you are requesting records about yourself, the following information will assist us in our search:

• Full Name (surname(s), given name(s)), other distinguishing information (such as Jr., Sr., III), and any aliases or other names used.
• Types of records sought.
• Timeframe of record.
• Specific subject matter, country and/or organization.
• The offices originating or receiving the record.
• The particular event, policy, or circumstance that led to the creation of the record.
• The reason you believe that the record exists within the ORF.
• Additional comments to help locate the record.

Questions about FOIA/PA and requests for information held by ORF can be directed to the ORF FOIA Coordinator.