Policy on Freedom of Information Act Requests

Policy on Freedom of Information Requests

LGL – KB0013493

1. Purpose

This policy establishes requirements that for Fermi Forward Discovery Group, LLC (FermiForward) employees and others connected to the Fermi National Accelerator Laboratory (Fermilab) site must follow with respect to Freedom of Information Act (FOIA) requests.

This Policy is not a contract and is not intended to create any obligations on FermiForward. This Policy may be terminated or changed by FermiForward at any time, with or without notice.

2. Scope

All responses to FOIA requests received by FermiForward employees or Fermilab Users or Affiliates that relate to FermiForward or Fermilab information.

3. Applicability

This policy applies to all FermiForward employee or any Fermilab User or Affiliate who receives a FOIA Request relating to FermiForward or Fermilab.

4. Effective Date and Date Reviewed/Updated

This Policy went into effect on December 14, 2014. Updates and revisions are reflected in the Revision History below.

5. Policy

FermiForward is not a government entity and is not subject to FOIA requirements for FermiForward-owned records. FermiForward does not disclose FermiForward (contractor) owned information in response to FOIA requests by outside individuals or entities.

FermiForward employees, Users or Affiliates who receive a FOIA request concerning management or operation of Fermilab must send any request for information citing the Freedom of Information Act (either the federal or state law) to the Office of General Counsel for handling.

FOIA requesters who contact FermiForward directly will be referred to the Department of Energy FOIA Officer by the Office of General Counsel. FermiForward substantively responds only to Department of Energy (or other United States Government agency) requests to provide Government-owned records that may be in responsive to FOIA requests.

6. Definitions

FermiForward or contractor-owned records:  Records owned by FermiForward (or the prior Fermilab Management and Operating (M&O) Contractors which are now in FermiForward’s possession) and identified as Contractor-owned records in Clause I.129(b) of the Prime Contract.

FOIA: Freedom of Information Act, either under federal or state law.

Government-owned records: Records acquired or generated by FermiForward in performing the Prime Contract, except those designated as Contractor-owned records in Clause I.129(b) of the Prime Contract.

7. Responsibilities

The Office of General Counsel is responsible for maintaining this policy and responding to FOIA requests.

All FermiForward employees and Fermilab Users and Affiliates are responsible for sending any request citing the Freedom of Information Act to the Office of General Counsel for handling and for providing information as requested by the Office of General Counsel for the FOIA response.

8. Authorities

Freedom of Information Act, 5 U.S.C. § 552

Illinois Freedom of Information Act, 5 ILCS 140/1, et seq.

Prime Contract No. 89243024CSC000002 Clause I.129 – DEAR 970.5204-3 ACCESS TO AND OWNERSHIP OF RECORDS (OCT 2014) (DEVIATION: PF 2015-23)

9. Owner

The General Counsel is the owner of this policy.

10. Review Cycle

This policy shall be reviewed every three years.

11. Communication Plan

The Office of General Counsel will communicate this policy to all employees through posting this policy in the Fermilab Policies database and on the Office of General Counsel webpage.

Revision History